Republic v Deputy Chairman, Rent Restriction Tribunal; Wangare & another (Exparte Applicants); Mukuha & another (Interested Parties) (Environment and Land Court Judicial Review Application 1 of 2021) [2022] KEELC 13465 (KLR) (22 September 2022) (Judgment)

Facts

The 1st applicant and interested parties had a rent dispute over premises occupied by the 1st applicant. The 2nd applicant (husband to 1st applicant) also had a dispute with the interested parties over the ownership of the premises.

Issues

1. Whether the tribunal had the jurisdiction to hear and determine the matter filed before it by the interested party.
2. Whether the orders issued by the tribunal in the case are valid.
3. Whether the applicants are entitled to the reliefs sought against the tribunal.
4. Who bears the costs of the suit.

Reasoning

The court found that the tribunal failed to appreciate that once its jurisdiction to deal with the matter was put into question, any orders it may have made previously in the matter would be null and void. The tribunal was obligated to determine the issue of its own jurisdiction in order to continue entertaining the matter.

Outcome

The application was dismissed.

Authorities cited