Republic v Chairman, Rent Restriction Tribunal & another Ex Parte Gatanga Mugitiri Company Limited; Samuel Maina Munene (Interested Party) [2021] KEELC 536 (KLR)

Summary at a glance

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