Kenyan case law
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Kingori Isaac Kega (The Chairman Kenya African Othaya Bus Station Union, K.A.O.B.U) v Kimani (Tribunal Case E013 of 2024) [2024] KEBPRT 1358 (KLR) (1 July 2024) (Ruling)
✦ There is no tenancy relationship, the termination notice was properly served, and there are no outstanding rent arrears.
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Makenzi v Mburu (Tribunal Case E1177 of 2022) [2024] KEBPRT 874 (KLR) (1 July 2024) (Ruling)
✦ The Tenant is in arrears of rent for two years and is ordered to pay Kshs 240,000 within 14 days, with the Landlord's right to distress, break in, and take back possession of the premises if unpaid.
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Kimotho v Njoki (Tribunal Case E042 of 2024) [2024] KEBPRT 871 (KLR) (1 July 2024) (Ruling)
✦ The Tenant's application to set aside the orders is dismissed.
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Grocery Cart Mini Mart Limited v 4Way Village Management Limited & 3 others (Tribunal Case E444 of 2024) [2024] KEBPRT 960 (KLR) (28 June 2024) (Ruling)
✦ The Tribunal has no jurisdiction to hear the case as there is no longer a Landlord and Tenant relationship.
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Omar v Ali & another (Tribunal Case E312 of 2023) [2024] KEBPRT 998 (KLR) (28 June 2024) (Ruling)
✦ The Application is dismissed with costs to the Landlord.
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Kamau v Kamau & 2 others (Tribunal Case E1141 of 2022) [2024] KEBPRT 964 (KLR) (28 June 2024) (Ruling)
✦ The Tribunal lacks jurisdiction to hear the case and dismisses the suit for want of jurisdiction.
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Ciera v Muchiri & another (Tribunal Case E373 of 2024) [2024] KEBPRT 963 (KLR) (28 June 2024) (Ruling)
✦ The Tribunal allows the Tenant's application and orders the Landlord to vacate the premises.
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Wasike t/a Spa Cleopatra v Wasilwa & another (Tribunal Case E452 of 2024) [2024] KEBPRT 961 (KLR) (28 June 2024) (Ruling)
✦ The Tenant is in rent arrears and the Landlord is entitled to levy distress for the rent arrears if the Tenant does not clear the arrears within six months.
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Njoroge & another v Muriuki (Tribunal Case E018 of 2024) [2024] KEBPRT 878 (KLR) (28 June 2024) (Judgment)
✦ The lease terminated on 1/9/2023, and the tenant is granted quiet possession until 31/12/2024.
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Analytopedia Group Limited v Kedong Ranch Limited (Tribunal Case E294 of 2024) [2024] KEBPRT 996 (KLR) (27 June 2024) (Ruling)
✦ The Tribunal finds the tenant's application merited and grants the temporary injunction.
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Walnut Bakers Ltd v Mohsen (Tribunal Case E196 of 2023) [2024] KEBPRT 847 (KLR) (26 June 2024) (Ruling)
✦ The tenant is undeserving of the injunction orders sought having failed to perform his principal obligation to pay rent and utility bills in respect of the suit premises. The landlord is entitled to use all lawful means to recover the outstanding rent and utility bills against the tenant.
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Musimbi v Anwar (Tribunal Case E029 of 2024) [2024] KEBPRT 859 (KLR) (26 June 2024) (Judgment)
✦ The purported notice to terminate the Tenancy is unlawful and of no legal effect.
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Murage v Kariuki (Tribunal Case 004 of 2022) [2024] KEBPRT 993 (KLR) (25 June 2024) (Ruling)
✦ The application is dismissed with no orders as to costs
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Kariuki v Peter t/a Mlajasho Company Limited (Tribunal Case E768 of 2022) [2024] KEBPRT 1000 (KLR) (25 June 2024) (Ruling)
✦ The tenant shall remain at the demised premises subject to payment of rent and undertaking other obligations during the proceedings. The tenant shall not notify the landlord in writing of any renovations to be undertaken. The parties shall file a paginated bundle of documents and statements for the hearing within 7 days. Each party shall bear their own costs.
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Jojemi Chemical Limited v Mbugua (Tribunal Case E351 of 2023) [2024] KEBPRT 862 (KLR) (25 June 2024) (Ruling)
✦ The termination notices dated 7/2/2022 and 22/2/2024 are declared unlawful and of no legal effect. The tenant is awarded quiet possession and costs.
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Mtindi Dairies Limited v Mongoose Property Cares Ltd & another (Tribunal Case E160 of 2024) [2024] KEBPRT 881 (KLR) (25 June 2024) (Ruling)
✦ The Tenant’s application is not merited as it was in rent arrears. The levy of distress for rent was lawful. Costs are awarded to the Respondents.
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Miang Enterprises Ltd v Kenya Ports Authority Pension Scheme; Rariga Traders Auctioneers (Auctioneer) (Tribunal Case E326 of 2023) [2024] KEBPRT 848 (KLR) (24 June 2024) (Ruling)
✦ The Tribunal lacks jurisdiction to hear the tenant's application, and the landlord's application is allowed.
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Maina v Muthoni & 2 others (Tribunal Case E188 of 2024) [2024] KEBPRT 997 (KLR) (21 June 2024) (Ruling)
✦ The Tenant's Application is dismissed with no orders as to costs.
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Juna v Anyiko (Tribunal Case E809 of 2023) [2024] KEBPRT 863 (KLR) (21 June 2024) (Ruling)
✦ The landlord shall settle the decretal amount at Kshs.141,000 by monthly installments of Kshs.20,000 effective 5/7/2024 and on the same date of each succeeding month until payment in full.
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Maktar & another v Mungai (Sued as administrator in the Estate of Mary Muthoni Mungai & Stephen Mungai) & 2 others; Kariuki (Enjoined as administrator in the Estate of Stephen Mungai Kamau) & 4 others (Interested Parties) (Tribunal Case E406 of 2024) [2024] KEBPRT 999 (KLR) (21 June 2024) (Ruling)
✦ The court orders the landlords and interested parties to be enjoined from interfering with the tenants' possession and use of the premises, and the tenants to continue paying rent as directed by the landlords and interested parties.
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Gitau v Mbugua (Tribunal Case E181 of 2024) [2024] KEBPRT 823 (KLR) (20 June 2024) (Ruling)
✦ The Tenant's application is allowed, and the Landlady is granted leave to serve a valid notice against the Tenant with good reasons.
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Jennipher v Kiarie & 2 others (Tribunal Case E089 of 2024) [2024] KEBPRT 1118 (KLR) (20 June 2024) (Ruling)
✦ The Tribunal found the process of evicting the tenant unlawful and ordered the landlord to return the tenant's tools of trade and compensate for damages.
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Katamu v Malanda (Tribunal Case E037 of 2024) [2024] KEBPRT 864 (KLR) (20 June 2024) (Judgment)
✦ The reference is dismissed, the notice of termination is allowed, and the Tenant is directed to vacate the premises by June 30, 2024.
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Mureithi v Wanjiku & another (Tribunal Case E516 of 2024) [2024] KEBPRT 824 (KLR) (19 June 2024) (Ruling)
✦ The application is allowed, and the complaint is also allowed.
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Waswa v Wamukota; Wanunda (Interested Party) (Tribunal Case E115 of 2023) [2024] KEBPRT 860 (KLR) (19 June 2024) (Judgment)
✦ The termination notice is unlawful and of no legal effect. The tenancy relationship has been constructively terminated. The tenant must vacate the premises and pay arrears.