Mutuku Mwanza v County Government of Kitui & another [2020] KEELC 72 (KLR)
- Court
- Environment & Land Court
- Case number
- 72
- Citation
- [2020] KEELC 72 (KLR)
- Decided
- 7 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePosturePreliminary ObjectionCoramO.A. ANGOTE
Holding
The Business Premises Rent Tribunal does not have jurisdiction over disputes between an individual and a County Government.
Facts
The Plaintiff, Mutuku Mwanza, is a tenant of the County Government of Kitui in the KCC Hotel premises. He claims that the government intends to evict him to put up a market and seeks a permanent injunction.
Issues
- Jurisdiction of the Business Premises Rent Tribunal
- Definition of 'Controlled Tenancy'
Reasoning
The Act defines a 'Controlled Tenancy' which excludes tenancies between the Government, the Community, or a local authority. The proviso to Section 2 of the Act removes County Governments from the Act's jurisdiction.
Outcome
The Notice of Preliminary Objection is dismissed with costs.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act
- Landlord and Tenant (Shop, Hotels and Catering Establishments) Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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