Republic v Rent Restriction Tribunal; Mbandu (Exparte Applicant); Osore (Interested Party) (Judicial Review Cause E003 of 2022) [2022] KEELC 12728 (KLR) (29 September 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 12728
- Citation
- [2022] KEELC 12728 (KLR)
- Decided
- 29 September 2022
The court found that the ex parte applicant is not entitled to the orders sought and that the costs should be provided for.
Facts
The ex parte applicant, Rhoda Amumo Mbandu, is a landlady with residential premises in South Maragoli/lyaduywa/2165. The interested party, Lorna Osore, was a tenant who was evicted in December 2020 for arrears of Ksh 195,000. The interested party filed a claim before the Rent Restriction Tribunal, which the ex parte applicant contested on jurisdictional grounds.
Issues
- Whether judicial review proceedings are available to the ex parte applicant.
- Whether the ex parte applicant is entitled to the orders sought.
- Who pays the costs.
Reasoning
The court determined that the ex parte applicant should have appealed the decision rather than seeking judicial review. The court also found that the Rent Restriction Tribunal had jurisdiction to entertain the claim.
Outcome
The ex parte applicant's application for prohibition and certiorari was dismissed.
Orders
- That the ex parte applicant be ordered to pay the costs of the application.
Authorities cited
Legislation (3)
- Rent Restriction Act
- Civil Procedure Rules, 2010
- Constitution of Kenya 2010
Cases cited (3)
- Cortec Mining Kenya Limited v Cabinet Secretary Mining Ministry and 9 others [2017] eKLR
- Owners and Masters of the Motor Vessels “Joey” v Owners and Masters of Motor Tugs Barbara” and “Steve B’ (2008) EA 367
- Republic v Chairman Rent Restriction Tribunal; Samuel Joel Kibe & another (2019) eKLR
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