Republic v Business Premises Rent Tribunal Ex Parte Eliud M. Njuguna & another [2015] KEHC 7912 (KLR)
- Court
- High Court of Kenya
- Case number
- 7912
- Citation
- [2015] KEHC 7912 (KLR)
- Decided
- 19 November 2015
The court rejected the application for certiorari and mandamus, finding no illegality, irrationality, or procedural impropriety in the decision of the tribunal.
Facts
Eliud M. Njuguna, the applicant, is the owner of premises shop No. 2 and 3 in Nairobi. He rented them to Karira Kinyanja Thuo, the interested party, under a tenancy agreement from January 1, 2004, to December 31, 2006. In July 2010, they negotiated to increase rent from Kshs. 5,000 to Kshs. 34,000 after renovations.
Issues
- Whether the decision of the Respondent (Business Premises Rent Tribunal) in Tribunal Case Number 85 of 2011 should be quashed and removed into this court.
- Whether the Respondent should retry the complaint filed by the tenant within its jurisdiction.
- Whether the Respondent acted within its jurisdiction and adhered to procedural fairness.
Reasoning
The court held that the decision of the tribunal was not tainted by illegality, irrationality, or procedural impropriety. The court also noted that the applicant had fully participated in the process of investigating the complaint and could not now claim the process was flawed.
Outcome
The application for certiorari and mandamus was dismissed.
Orders
- The order of certiorari and mandamus should not issue.
- The interested party can not now claim that the process was flawed.
Remedies
- None
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 Laws of Kenya
Cases cited (3)
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- Republic vs. Kenya Revenue Authority Ex parte Yaya Towers Limited [2008] eKLR
- Pastoli vs. Kabale District Local Government Council and Others [2008] 2 EA 300
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