Republic v Chairman, Rent Restriction Tribunal & another Ex Parte Gatanga Mugitiri Company Limited; Samuel Maina Munene (Interested Party) [2021] KEELC 536 (KLR)
- Court
- Environment & Land Court
- Case number
- 536
- Citation
- [2021] KEELC 536 (KLR)
- Decided
- 25 November 2021
Summary at a glance
TypeJudicial ReviewPostureEx Parte Application for Certiorari and ProhibitionCoramE. Murithi
The Rent Restriction Tribunal lacked jurisdiction to hear and determine the case, and the ruling was nullified.
Facts
The Ex parte Applicant, Gatanga Mugitiri Company Limited, sought to quash the proceedings, ruling, and consequential orders of the Rent Restriction Tribunal in Nairobi Rent Tribunal Case No 1001 of 2018, where Samuel Maina Munene was the Interested Party. The subject rent was Kshs.25,000 per month, exceeding the standard rent limit of Kshs.2,500 per month.
Issues
- Rent Restriction Tribunal's jurisdiction over the case
- Invalidity of the Tribunal's ruling
Reasoning
The Rent Restriction Act limits the Tribunal's jurisdiction to disputes involving standard rents not exceeding Kshs.2,500 per month. The subject rent of Kshs.25,000 per month exceeded this limit, rendering the Tribunal's proceedings invalid.
Outcome
The Ex parte Applicant's application was granted, and the Tribunal's proceedings were quashed.
Orders
- Order of Certiorari to quash the proceedings, ruling, and consequential orders of the Chairman in Nairobi Rent Tribunal Case No 1001 of 2018
- Order of Prohibition to restrain the 1st Respondent from hearing and determining the case
Remedies
- Quashing of the Tribunal's proceedings
- Prohibition against the 1st Respondent from hearing the case
Authorities cited
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