Republic v Rent Restriction Tribunal & 2 others Ex Parte Evans Nyahoro,Paul Kinuthia Kilundi [2018] KEHC 9003 (KLR)
- Court
- High Court of Kenya
- Case number
- 9003
- Citation
- [2018] KEHC 9003 (KLR)
- Decided
- 16 March 2018
The Rent Restriction Tribunal did not have jurisdiction to entertain the matter as it was given an ex parte order without giving the Respondent an opportunity to determine its jurisdiction.
Facts
The applicants, Evans Nyahoro and Paul Kinuthia Kilundi, sought judicial review of an ex parte order given by the Rent Restriction Tribunal. The order was challenged on the grounds that the Tribunal lacked jurisdiction due to the monthly rents in issue exceeding the amount for which the Tribunal can invoke its jurisdiction.
Issues
- Jurisdiction of the Rent Restriction Tribunal
- Exhaustion of remedies
Reasoning
The court held that a party challenging the jurisdiction of a court or tribunal must raise the issue before the court whose jurisdiction is under challenge, and that the mere fact of lack of jurisdiction does not bar the court from hearing and determining the issue of jurisdiction.
Outcome
The ex parte application was dismissed.
Orders
- The application is an abuse of the principles of judicial review and is meant to ground the operations of the Rent Restriction Tribunal.
Remedies
- The interested parties’ case
Authorities cited
Legislation (2)
- Fair Administrative Action Act, No. 4 of 2015
- Rent Restriction Act, Cap 296 Laws of Kenya
Cases cited (1)
- Owners and Masters of The Motor Vessel “Joey” vs. Owners and Masters of The Motor Tugs “Barbara” and “Steve B” [2008] 1 EA 367
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