Kenyan case law
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Ashikhanga v Provida Africa Limited (Tribunal Case E251 of 2024) [2024] KEBPRT 828 (KLR) (19 June 2024) (Judgment)
✦ The tenant’s Reference and Application is allowed, and the landlord is restrained from interfering with the tenant's quiet possession.
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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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Nyakundi v Mutimba (Tribunal Case E036 of 2024) [2024] KEBPRT 861 (KLR) (18 June 2024) (Judgment)
✦ The notice of rent increment dated 3rd April 2024 and the notice of termination of tenancy dated 4th December 2023 are declared illegal and of no legal effect. The Tenant is allowed quiet possession of the demised premises and the Landlord is ordered to pay Kshs.10,000 in costs to the Tenant, to be offset against rent payable.
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Vantoh v Njuguna & another (Tribunal Case E156 & E171 of 2023) [2024] KEBPRT 880 (KLR) (17 June 2024) (Ruling)
✦ The court directs both parties to comply with order 11 of the Civil Procedure Rules by filing and exchanging necessary evidence within 30 days from the date of this ruling to allow for the fixing of the matter for hearing on priority.
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Nairobi Elite Academy v ssociation of Evangelicals in Africa (Tribunal Case E427 of 2024) [2024] KEBPRT 849 (KLR) (14 June 2024) (Ruling)
✦ The Tribunal has jurisdiction to hear and determine the matter. The case is not res sub judice, and the tenant is entitled to the reliefs sought.
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Mohamed v Gikombaa Business Center (Tribunal Case E1255 of 2024) [2024] KEBPRT 843 (KLR) (14 June 2024) (Ruling)
✦ The notice of preliminary objection is dismissed, and the respondent is ordered to file and serve their response to the application within 14 days.
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Ali v Kamau (Tribunal Case 51 of 2020) [2024] KEBPRT 1368 (KLR) (14 June 2024) (Judgment)
✦ The reference is allowed, and the notice of termination is quashed.
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Wambui v Njoroge & another (Tribunal Case E1275 of 2023) [2024] KEBPRT 854 (KLR) (12 June 2024) (Ruling)
✦ Tenant's reference is allowed, landlord's application to stay execution is dismissed, termination notice is declared illegal, and costs are awarded.
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Red Baron Aviatiation Training Institute v Mwangi (Tribunal Case E300 of 2021) [2024] KEBPRT 857 (KLR) (11 June 2024) (Ruling)
✦ The Tribunal lacked jurisdiction to deal with the case ab initio and all orders issued in favor of the Applicant were issued devoid of jurisdiction and are therefore null and void.
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Chepkogei t/a Eunicog Enterprises v Kaino & another (Tribunal Case E110 of 2023) [2024] KEBPRT 812 (KLR) (10 June 2024) (Ruling)
✦ The application is allowed, and the tenant is ordered to deposit rent during the litigation.
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Mudoga & another v Musembi & another (Tribunal Case E237 of 2024) [2024] KEBPRT 1131 (KLR) (10 June 2024) (Ruling)
✦ The Landlord's Notice to Terminate or Alter Terms of Tenancy is declared invalid. The Landlord shall not issue any Tenancy Notice for termination or alteration of terms of tenancy until after the lapse of three calendar months from the date of this Ruling. The Tenant is awarded Kshs. 12,000/= as costs, deductible from monthly rent payable.
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Likuyani v Luvonga & another (Tribunal Case E049 of 2023) [2024] KEBPRT 781 (KLR) (7 June 2024) (Judgment)
✦ This matter is struck out for want of jurisdiction
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Eucabeth Aluoch Bolo t/a North Airport School Utawala v Nyasoro & another (Tribunal Case E212 of 2024) [2024] KEBPRT 814 (KLR) (7 June 2024) (Ruling)
✦ The Tribunal granted the tenant's application for interim injunctions, finding that the landlord had acted within the full purview of the law in levying distress for rent.
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Maingi v Seyyida (Tribunal Case E919 of 2022) [2024] KEBPRT 813 (KLR) (7 June 2024) (Judgment)
✦ The landlord's actions were within the law, and the tenant's claims are unsubstantiated. The landlord is ordered to file a statement of account for rent from June 2023 and pay costs.
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Bruce Mutuku t/a Diani Data Tour & Travel Agency v Resto Estates Limited (Tribunal Case E189 of 2023) [2024] KEBPRT 820 (KLR) (7 June 2024) (Ruling)
✦ The notice of termination of tenancy dated 25.5.2023 is defective and of no effect. The same is hereby struck out with costs to the tenant.
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Likuyani v Lijodi & another (Tribunal Case E049 of 2023) [2024] KEBPRT 856 (KLR) (7 June 2024) (Judgment)
✦ The matter is struck out for want of jurisdiction and the tenant is at liberty to file the matter in the appropriate forum.
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Gichuru v Karundi & 2 others (Tribunal Case E003 of 2024) [2024] KEBPRT 853 (KLR) (7 June 2024) (Ruling)
✦ The tenant/applicant is entitled to the orders sought in the application dated 4th January, 2024.
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Mwangi v Muiruri & another (Tribunal Case E167 of 2024) [2024] KEBPRT 1119 (KLR) (7 June 2024) (Ruling)
✦ The distress for rent was illegal, and the landlord is restrained from evicting, harassing, interfering with the tenant's lawful occupation of the premises.
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Home Sence Enterprises Limited v Kisumu Muslim Association Board; Mzungu Tumbo t/a Sparknet Auctioneers Services (Interested Party) (Tribunal Case E008 of 2024) [2024] KEBPRT 850 (KLR) (7 June 2024) (Ruling)
✦ The Tenant is entitled to the orders sought in his Application, and the auctioneer's fees will be paid to the Landlord and credited to the Tenant's account.
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Mwangi v Njuguna (Tribunal Case E002 of 2024) [2024] KEBPRT 826 (KLR) (7 June 2024) (Ruling)
✦ The Tribunal dismisses the Tenant's application and orders the Tenant to vacate the premises.
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Gichuru v Muga & 2 others (Tribunal Case E003 of 2024) [2024] KEBPRT 780 (KLR) (7 June 2024) (Ruling)
✦ The tenant/applicant is entitled to the orders sought in the application dated 4th January, 2024.
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Rehema Holdings Limited v Meridian Medical Centre (Tribunal Case E537 of 2023) [2024] KEBPRT 815 (KLR) (7 June 2024) (Ruling)
✦ The Tribunal does not have jurisdiction to order for the levy of distress against a tenant in rent arrears.
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Korir v Kiriwa (Tribunal Case E013 of 2024) [2024] KEBPRT 811 (KLR) (7 June 2024) (Ruling)
✦ The tenant's application is allowed in terms of prayer 2 with no orders as to costs.
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Mwangi v Haroon (Tribunal Case E449 of 2024) [2024] KEBPRT 822 (KLR) (7 June 2024) (Ruling)
✦ The Respondent's notice of Preliminary objection is dismissed as it deals with disputed facts and cannot be based on evidence.
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Mwangi v Malang Business Centre; Highland Valuers Limited & another (Agent) (Tribunal Case E026 of 2024) [2024] KEBPRT 791 (KLR) (6 June 2024) (Ruling)
✦ The notice is invalid and the Application is allowed.