Kenyan case law
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Geoflex Consultants Limited v Utumishi Investment Limited (Tribunal Case E640 of 2024) [2024] KEBPRT 1891 (KLR) (6 November 2024) (Ruling)
✦ The Tenant’s Application succeeds in that the occupied space for rent payment is 425.5 square feet, and the Landlord shall refund the excess amount paid of Kshs. 1,491,598.08/= as at August 2024 on the wrong computation by 31st December 2024.
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Bamboo Cask Limited v Spacemaster Properties Limited (Tribunal Case E882 of 2023) [2024] KEBPRT 1668 (KLR) (5 November 2024) (Ruling)
✦ The Tribunal lacks jurisdiction to hear the case as the lease agreement does not meet the criteria for a controlled tenancy.
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Kiatie & 13 others v Wahu & another (Tribunal Case E649 of 2023) [2024] KEBPRT 1565 (KLR) (5 November 2024) (Ruling)
✦ The application is dismissed as the new tenancy agreements entered into by the Applicants and the 1st Respondent have obliterated the past relationships and attendant orders.
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Kigo & another v Mungai & 8 others; Kiaraho (Interested Party) (Tribunal Case E1121 of 2024) [2024] KEBPRT 1662 (KLR) (4 November 2024) (Ruling)
✦ The court dismisses the Interested Party's notice of preliminary objection as it does not lack subject matter jurisdiction and the dispute is not between the Landlords and the Interested Party to the exclusion of the Tenants.
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Mac Dee Fast Foods Limited v Shah (Tribunal Case E794 of 2024) [2024] KEBPRT 1634 (KLR) (31 October 2024) (Ruling)
✦ The Tribunal has no jurisdiction to hear the dispute due to the expiration of the lease, and both the complaint and application are dismissed with costs to the landlord.
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Kimotho v Gitonga (Tribunal Case E1192, E1193 & E1195 of 2023 (Consolidated)) [2024] KEBPRT 1632 (KLR) (31 October 2024) (Ruling)
✦ The Landlady's intention to reconstruct the premises requires the Tenants to vacate, and the tenancies are hereby terminated with specific orders for vacating and payment of rent.
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Maina v Hassan (Tribunal Case E084 of 2024) [2024] KEBPRT 1879 (KLR) (30 October 2024) (Ruling)
✦ The Tribunal has jurisdiction over the case and the tenant is obligated to pay the arrears.
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Kalenjin Auto and Hardware Limited & another v Aya Limited (Tribunal Case E037 of 2024) [2024] KEBPRT 1679 (KLR) (29 October 2024) (Ruling)
✦ The notices of preliminary objection are dismissed, and the case will be heard together with E038/2024, with costs awarded to the tenants.
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Nursing Homes Limited t/a Parkroad Nursing Homes v Nairobi North Healthcare Limited (Tribunal Case E852 of 2023) [2024] KEBPRT 1627 (KLR) (29 October 2024) (Ruling)
✦ The Application is dismissed with no orders as to costs.
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Spin City Africa Limited v Ontulili Inestments Limited & another (Tribunal Case E907 of 2022) [2024] KEBPRT 1875 (KLR) (24 October 2024) (Ruling)
✦ The tribunal finds that there exists a landlord-tenant relationship, the notice was improper, and the distress for rent was unlawful. The tenant is awarded Ksh 478,000 in damages, which is deducted from the rental arrears, and the landlord is ordered to pay the balance within 60 days.
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Spin City Africa Limited v Ontulili Inestments Limited & another (Tribunal Case E907 of 2022) [2024] KEBPRT 1883 (KLR) (24 October 2024) (Ruling)
✦ The tribunal finds that there exists a landlord-tenant relationship, proper notice was not issued, and the landlord unlawfully exercised its right to levy distress for rent.
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Memba Travellers Sacco Society v Mwea Rice Millers Limited (Tribunal Case E040 of 2024) [2024] KEBPRT 1876 (KLR) (24 October 2024) (Ruling)
✦ The Tenant is restrained from unlawful eviction and must pay rent arrears and electricity bills.
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Kimani & 2 others v Mungai (Tribunal Case E336 & E365 of 2023 (Consolidated)) [2024] KEBPRT 1485 (KLR) (23 October 2024) (Ruling)
✦ The Landlady's preliminary objection is dismissed, and the Tenants' application is allowed.
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Musivogi v Okumu (Tribunal Case E162 of 2024) [2024] KEBPRT 1630 (KLR) (23 October 2024) (Ruling)
✦ The termination notice is approved with alterations. The tenant must vacate the premises by 30.11.2024 or face eviction. The tenant pays rent of Kshs. 7,500/= from August 2024. The tenant's compensation claim for renovations is dismissed. The tenant bears the costs of the reference.
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Jelimo & 2 others v Olet & another (Tribunal Case E614 of 2024) [2024] KEBPRT 1678 (KLR) (Commercial and Tax) (23 October 2024) (Ruling)
✦ The Tribunal is prohibited from taking any further step in these proceedings due to lack of jurisdiction.
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Fancy Reliable Mattresses v Kenya Union of Food & Allied Workers (Tribunal Case 695 of 2014) [2024] KEBPRT 1482 (KLR) (23 October 2024) (Ruling)
✦ The tenant's application is dismissed with costs
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Bwosi v Eshuchi (Tribunal Case E176 of 2024) [2024] KEBPRT 1628 (KLR) (23 October 2024) (Ruling)
✦ The Landlord's Reference is dismissed with no orders as to costs.
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Mwangi v AIC Church Nakuru & another (Tribunal Case E116 of 2024) [2024] KEBPRT 1631 (KLR) (Civ) (22 October 2024) (Ruling)
✦ The Tenant is in rent arrears and the Landlord's right to levy distress under the Distress For Rent Act has crystallized, thus the Tenant's Application is dismissed with costs to the Landlord.
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Daudi v Mule t/a Yatta Funeral Home (Tribunal Case E582 of 2023) [2024] KEBPRT 1556 (KLR) (22 October 2024) (Ruling)
✦ The tenant's application for temporary injunction is allowed, and the landlord is ordered to deposit rent in a joint account. The parties are directed to comply with previous rulings and file a bundle of documents for the hearing.
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Kangethe & Co. Advocates v Nathe Holdings Limited & another (Tribunal Case E311 of 2024) [2024] KEBPRT 1888 (KLR) (18 October 2024) (Judgment)
✦ The court finds that a Landlord/Respondent relationship exists between the parties, and there are pending rent arrears. The court will make orders for the recovery of possession and payment of arrears of rent.
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Wambugu & another v Mose (Tribunal Case E624 of 2024) [2024] KEBPRT 1515 (KLR) (18 October 2024) (Ruling)
✦ The tenant's duty to pay rent is cardinal and forms the cornerstone of the tenancy relationship. The tenant's arrears are Kshs. 118,000, and the tenant shall forthwith vacate the demised premises.
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Kagotho & another v Charity Wangeci t/a Future Guiders Academy (Tribunal Case E564 of 2024) [2024] KEBPRT 1894 (KLR) (18 October 2024) (Ruling)
✦ The Tribunal finds the reference by the Tenant to be devoid of merits and dismisses the application.
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Mwangi v Mutugi & another; Ngugi (Interested Party) (Tribunal Case E823 of 2024) [2024] KEBPRT 1514 (KLR) (18 October 2024) (Ruling)
✦ Tenant's application for unlimited access and restraint from letting out premises is allowed
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Njagi v Njoroge & 2 others (Tribunal Case E723 of 2024) [2024] KEBPRT 1544 (KLR) (18 October 2024) (Ruling)
✦ The tenant has established a prima facie case and the application is allowed in terms of prayers 4, 5, and 6
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Wafula v Khamali (Tribunal Case E062 of 2024) [2024] KEBPRT 1538 (KLR) (18 October 2024) (Judgment)
✦ The notice was found to be valid as it was in the prescribed form and the landlord provided proof of the tenant's default in rent payment.