Abuto v Bell Kenya Company Limited & another (Tribunal Case E1142 of 2023) [2023] KERRT 1184 (KLR) (7 November 2023) (Ruling)
- Court
- KERRT
- Case number
- 1184
- Citation
- [2023] KERRT 1184 (KLR)
- Decided
- 7 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRent Restriction DisputePosturePreliminary ObjectionCoramHILLARY.K. KORIR
Holding
The tribunal lacks jurisdiction to hear the matter
Facts
The tenant and landlord are in dispute over the rent for a property. The tenant claims the tribunal has jurisdiction to hear the dispute, while the landlord argues the tribunal lacks jurisdiction due to the rent exceeding Ksh.2,500.
Issues
- Whether the tribunal has jurisdiction to hear the rent dispute
- Whether the tribunal can assess the standard rent for a property not let or erected as of 1st January 1981
Reasoning
The tribunal's jurisdiction is limited to disputes arising from dwelling houses with a standard rent not exceeding Ksh.2,500 per month. The property in question was not let or erected as of 1st January 1981, and the standard rent must be assessed by the tribunal.
Outcome
Preliminary objection upheld, no orders as to costs
Orders
- Interim orders earlier granted are hereby discharged for want of jurisdiction
Authorities cited
Legislation (1)
- Rent Restriction Act Cap 296
Cases cited (5)
- Mukisa Biscuit Manufacturing co.ltd v West End Distributors
- Republic v Kenya Revenue Authority, Commissioner Ex parte Keycorp Real Advisory Limited
- Samuel Kamau Macharia & Another v KCB & 2 Others
- Desai v Warsama
- Motor Vessel Lillian S
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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