Kenyan case law
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Karugu v Central Hotel Nyeri Limited (Tribunal Case E143 of 2023 & E141 of 2022 (Consolidated)) [2024] KEBPRT 451 (KLR) (28 March 2024) (Ruling)
✦ The Tenant is liable to pay the outstanding rent of Kshs. 1,382,000.00 and is entitled to a refund of the deposit paid of Kshs. 140,000.00
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Wasike v Wasike & another (Tribunal Case E014 of 2024) [2024] KEBPRT 678 (KLR) (Commercial and Tax) (28 March 2024) (Ruling)
✦ The court dismisses the Tenant's application with costs, finding that the issue of jurisdiction has already been settled and the court has no jurisdiction.
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Barrack v Mango (Tribunal Case E005 of 2024) [2024] KEBPRT 450 (KLR) (28 March 2024) (Ruling)
✦ The Tribunal lacks jurisdiction to hear and determine the matter.
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Khayumbi v Mwangi (Tribunal Case E1174 of 2023) [2024] KEBPRT 526 (KLR) (27 March 2024) (Ruling)
✦ The notice of preliminary objection is dismissed for lack of merit. The notice of termination dated 27/10/2023 is declared illegal and of no legal effect. The tenant's tenancy cannot be interfered with except in strict compliance with the Act. The landlord is ordered to pay Kshs.30,000 in costs.
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Mukopi v Kinywa (Tribunal Case E006 of 2022) [2024] KEBPRT 596 (KLR) (27 March 2024) (Judgment)
✦ The termination notice is declared unlawful and without merit
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Kingoina Obuya Advocates v National Fund for the Disabled of Kenya Registered Trustees & another (Tribunal Case E064 of 2024) [2024] KEBPRT 688 (KLR) (Civ) (27 March 2024) (Ruling)
✦ The Tribunal has no jurisdiction to hear and determine the dispute.
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Lujiri v Rumwe Farmers Co-op Building & 2 others (Tribunal Case E480 of 2023) [2024] KEBPRT 323 (KLR) (26 March 2024) (Ruling)
✦ The Tenant is in default and is required to pay KShs. 113,112.00 in rent arrears. The Tenant's Reference and Application are dismissed.
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Mukami v Mbure & another (Tribunal Case E045 of 2023) [2024] KEBPRT 290 (KLR) (26 March 2024) (Judgment)
✦ The Tribunal held that there was a tenancy relationship between the tenant and the landlord.
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Ushindi Feeds Limited v Kenya Farmers Association Limited (Tribunal Case E128 of 2023) [2024] KEBPRT 683 (KLR) (26 March 2024) (Ruling)
✦ Tenant's Application is dismissed with costs to the landlord. Tenant's complaint about the threat of eviction will go to trial.
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Beakim Limited v Micmoll General Importers & Supplies (Tribunal Case E264 of 2023) [2024] KEBPRT 298 (KLR) (Civ) (26 March 2024) (Judgment)
✦ The rent payable remains at Kshs.60,459 all inclusive, but the Tenant will pay rent at Kshs.29,000 exclusive of service charge and VAT for September to March 2024.
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Nasry Consultants Limited v Okumu & another; Mutunga & another (Interested Parties) (Tribunal Case E722 of 2023) [2024] KEBPRT 324 (KLR) (Civ) (25 March 2024) (Ruling)
✦ The 2nd Interested Party’s Notice of Preliminary Objection is upheld, and the landlord's Reference and Application dated 24th July 2023 is dismissed. Each party shall bear their own costs.
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Isadia v Kawira & 2 others; Nairobi City County (Interested Party) (Tribunal Case E360 of 2020) [2024] KEBPRT 325 (KLR) (Civ) (25 March 2024) (Ruling)
✦ The Tenant's Application dated 14th June, 2023 is dismissed with no orders as to costs.
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Kilonzo v Muathe (Tribunal Case E1102 of 2023) [2024] KEBPRT 359 (KLR) (22 March 2024) (Ruling)
✦ The notice to terminate tenancy is invalid, and the tenant's application for temporary injunction is granted pending the hearing of the main reference.
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Audio Corner Limited v Thande Holdings & another (Tribunal Case E034 of 2023) [2024] KEBPRT 534 (KLR) (22 March 2024) (Judgment)
✦ The rent is increased to Kshs.62,310/- inclusive of VAT with effect from 1st January 2024, exclusive of service charge.
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Stephen Gitonga Mbaabu t/a S. G Mbaabu & Co v National Fund for Disabled of Kenya (Tribunal Case E1103 of 2023) [2024] KEBPRT 294 (KLR) (22 March 2024) (Ruling)
✦ The interim orders are hereby discharged and the respondent’s costs are assessed at KES 30,000/= against the applicant.
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Maingi v Odhiambo (Tribunal Case E269 of 2023) [2024] KEBPRT 370 (KLR) (22 March 2024) (Ruling)
✦ The Tenant's Application is dismissed with costs to the landlord. The landlord's Application is vacated. The parties are ordered to take a date on a priority basis for the hearing of the Reference.
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Waweru v Mwaura & another (Tribunal Case E1276 of 2023) [2024] KEBPRT 291 (KLR) (Civ) (22 March 2024) (Ruling)
✦ The application and reference dated 19th December, 2023 are hereby dismissed for want of jurisdiction with no orders as to costs. All interim orders are discharged.
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Orchards Communications Limited v Suitable Hotels Limited (Tribunal Case E247 of 2023) [2024] KEBPRT 524 (KLR) (21 March 2024) (Ruling)
✦ The landlord is entitled to levy distress for rent, and the rent deposit cannot be deducted from the rent arrears.
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Mwangi & 3 others v Kiprono & 3 others (Tribunal Case E175 of 2023) [2024] KEBPRT 523 (KLR) (Civ) (20 March 2024) (Ruling)
✦ The suit is res judicata and the application is dismissed with costs to the Respondents.
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Kamua & another v Makale t/a Panorama Restaurant (Tribunal Case E299 of 2023) [2024] KEBPRT 380 (KLR) (20 March 2024) (Ruling)
✦ The landlord's notices of termination are declared unlawful, and the tenant's tenancy is sustained. The landlord is ordered to pay Kshs. 20,000/= in costs to the tenant.
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Gatero v Njoroge & another (Tribunal Case E252 of 2023) [2024] KEBPRT 528 (KLR) (18 March 2024) (Ruling)
✦ The tenant's application is allowed in terms of Prayers 3 & 4 thereof.
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Kiatie & 13 others v Wahu & another (Tribunal Case E649 of 2023) [2024] KEBPRT 321 (KLR) (15 March 2024) (Ruling)
✦ The tenants are ordered to submit schedules of all their payments for the months of April, 2023 to August, 2023 within 14 days. If not, the landlord is allowed to levy distress to recover arrears and deposit them with the Tribunal.
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Khan t/a Wentworth Health & Fitenss Center v Gilt-Edge Development Limited & another (Tribunal Case E902 of 2023) [2024] KEBPRT 381 (KLR) (15 March 2024) (Ruling)
✦ The court declines jurisdiction and strikes out the reference and notice of motion.
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Migiro v Paintmart & Allied Building Equipment (K) Ltd (Tribunal Case E949 of 2023) [2024] KEBPRT 379 (KLR) (14 March 2024) (Ruling)
✦ The court determines that the notice of termination was unlawful and grants the tenant an injunction to prevent the landlord from interfering with his quiet enjoyment of the premises.
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Kangai & 11 others v East Coast Horizon Limited & 3 others (Tribunal Case E997, E926 & E850 of 2023 (Consolidated)) [2024] KEBPRT 337 (KLR) (14 March 2024) (Ruling)
✦ The Tribunal finds that the sole issue is whether there is any rent duly owed for payment.