Kenyan case law
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Kibicho t/a Chania Café v Mukuhi & another (Tribunal Case E012 of 2023) [2024] KEBPRT 800 (KLR) (6 June 2024) (Ruling)
✦ The landlord's grounds for terminating the tenancy were not proven, and the tenant's reference is allowed with costs.
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Maina v Guantai (Tribunal Case E1217 of 2023) [2024] KEBPRT 829 (KLR) (5 June 2024) (Ruling)
✦ The Tenant's Reference and Application dated 20th November 2023 is hereby dismissed with no orders as to costs.
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Ochieng v Mwangi (Tribunal Case E291 of 2024) [2024] KEBPRT 797 (KLR) (4 June 2024) (Ruling)
✦ The proceedings are struck out for want of jurisdiction.
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Nyaguthii v Mbogori (Tribunal Case 46 of 2019) [2024] KEBPRT 784 (KLR) (4 June 2024) (Ruling)
✦ The Landlady's Application dated 25th November 2019 is hereby Allowed. Each party to bear their own costs. The le is closed.
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Muiruri v Akinyi (Tribunal Case E173 of 2023) [2024] KEBPRT 808 (KLR) (4 June 2024) (Ruling)
✦ The rent payable on the demised premises is Kshs.7,000/- per month, payable in advance.
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Sifuna v Njibu & another (Suing on behalf of the Estate of the Late Njibu Waweru - Deceased) (Tribunal Case E021 & E035 of 2024 (Consolidated)) [2024] KEBPRT 806 (KLR) (3 June 2024) (Ruling)
✦ The Notice to Terminate dated 11th December, 2023 was properly issued by the Landlords, and the Tenant is not entitled to the orders sought in the Application.
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Watiti v Watiti (Tribunal Case E039 of 2024) [2024] KEBPRT 796 (KLR) (3 June 2024) (Ruling)
✦ The court dismissed the tenant's application and reference, ordered the tenant to settle rent in arrears, and allowed the landlord to levy distress. The court also ordered the tenant to pay costs to the landlord.
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Anderson Developers Limited v Ikinya & 7 others; Njagi (Interested Party) (Tribunal Case E027 of 2023) [2024] KEBPRT 807 (KLR) (3 June 2024) (Ruling)
✦ The Landlord is entitled to vacant possession of the suit premises.
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Wangatho v Gacheche (Tribunal Case E016 of 2023) [2024] KEBPRT 805 (KLR) (3 June 2024) (Judgment)
✦ Landlord is legitimate and notice was lawful
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Musembi v Ol Tepesi Properties Ltd & another (Tribunal Case E076 of 2024) [2024] KEBPRT 802 (KLR) (Civ) (29 May 2024) (Ruling)
✦ Tenant is entitled to a temporary injunction and the landlord is enjoined from evicting the Tenant and locking the premises without due process.
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Kuria v Maigwa (Tribunal Case 238 of 2020) [2024] KEBPRT 1864 (KLR) (Civ) (28 May 2024) (Ruling)
✦ The Respondent's Preliminary Objection is hereby upheld. The Applicant's Complaint and Application are hereby struck out.
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Kamairoh & another v Esquire Investments Limited & another (Tribunal Case E1252 of 2023) [2024] KEBPRT 770 (KLR) (28 May 2024) (Ruling)
✦ The Tribunal lacks jurisdiction to hear the case due to the termination of the landlord-tenant relationship.
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Keoye v Ngechu & 2 others (Tribunal Case E1122 of 2023) [2024] KEBPRT 794 (KLR) (27 May 2024) (Ruling)
✦ The Tenant is not deserving of the restraining orders sought
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Nyagah v Yawa (Tribunal Case E002 of 2024) [2024] KEBPRT 799 (KLR) (27 May 2024) (Ruling)
✦ The Landlord's notice to terminate the tenancy is dismissed as the Landlord's evidence is insufficient to establish a firm intention to renovate the premises.
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Nduku v Waruguru (Tribunal Case E054 of 2023) [2024] KEBPRT 1122 (KLR) (27 May 2024) (Ruling)
✦ The Respondent’s Preliminary Objection is hereby upheld. The Applicant’s Complaint and Application are hereby struck out.
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Jamiii Booksellers Limited v Musyoki & 3 others (Tribunal Case E178 of 2024) [2024] KEBPRT 768 (KLR) (24 May 2024) (Ruling)
✦ The tenant’s Reference and Application dated 7th February 2024 are upheld with the following terms: the landlords shall reopen the tenant’s business premises immediately, the landlords are at liberty to issue a fresh notice of termination for a period of 2 months plus 1 day, the landlords to advise the tenant on the account to use for rent payment, and the OCS Machakos Police station to assist with compliance of the orders.
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Lee Owen Madara t/a First Sunshine Limited v James & 3 others (Tribunal Case E399 of 2021) [2024] KEBPRT 772 (KLR) (Commercial and Tax) (24 May 2024) (Ruling)
✦ The application is dismissed with costs, as it is an abuse of court process.
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Osenya v Ote Stores Limited & 3 others (Tribunal Case E036 of 2023) [2024] KEBPRT 700 (KLR) (Civ) (24 May 2024) (Ruling)
✦ The Tribunal ordered the respondents to accept monthly rent, allow the tenant un-limited access to the premises, and restrained the landlords from unlawful actions.
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Kanini & another v Taiti & another (Tribunal Case E002 of 2024) [2024] KEBPRT 771 (KLR) (24 May 2024) (Ruling)
✦ The Applicants' application for an injunction to nullify the defective notice is dismissed. The Landlord's tenancy notice is approved.
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Mbunga & another v Mbogo & another (Tribunal Case E1003 of 2023) [2024] KEBPRT 676 (KLR) (Civ) (24 May 2024) (Ruling)
✦ The tribunal will use the agreed rent of KES. 50,000 in its calculations and will find that the tenant is deserving of a waiver for the months when there was no electricity connection.
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Chacha t/a Soul Springs Wellness & Spa v North Eastern Investment Limited & another (Tribunal Case E1289 of 2023) [2024] KEBPRT 699 (KLR) (24 May 2024) (Ruling)
✦ All orders made by the Tribunal are set aside as the Tribunal lacked jurisdiction.
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Kinuthia v Landmerk International Properties Limited & 2 others (Tribunal Case E1140 of 2023) [2024] KEBPRT 673 (KLR) (24 May 2024) (Ruling)
✦ The Notice of Preliminary Objection is upheld with costs, the notice to vacate is declared null and void, and the application is allowed with costs.
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Sagaram v Abenyo (Tribunal Case E020 of 2024) [2024] KEBPRT 672 (KLR) (Civ) (24 May 2024) (Ruling)
✦ The Tribunal lacks jurisdiction to hear and determine the matter as there is no landlord/tenant relationship between the parties
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Muteithia v Wariara (Tribunal Case E040 of 2024) [2024] KEBPRT 675 (KLR) (24 May 2024) (Ruling)
✦ The application dated 13th January, 2024 is hereby allowed in terms of prayers 4 and 5.
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Mukabane & 2 others v Maina & 2 others (Tribunal Case E020 of 2024) [2024] KEBPRT 795 (KLR) (Civ) (23 May 2024) (Ruling)
✦ The court found that the respondents had no justifiable reason to block the applicants' access to their business premises and granted the applicants' request for quiet possession of the demised premises pending the hearing and final determination of the reference.