Kenyan case law
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Mwaro v Gongolo (Tribunal Case E106 of 2023) [2024] KEBPRT 1337 (KLR) (14 March 2024) (Judgment)
✦ The court ruled that the tenant owes the landlord Kshs.306,000 in rent arrears, the landlord's termination notices were unlawful, and each party bears their own costs.
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AVL Capital Limited v Xunwen & 2 others (Tribunal Case E880 of 2023) [2024] KEBPRT 266 (KLR) (14 March 2024) (Ruling)
✦ The Landlord's Notice of Preliminary Objection is hereby dismissed.
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Kimani v Waithanji (Tribunal Case E1171 of 2023) [2024] KEBPRT 302 (KLR) (13 March 2024) (Ruling)
✦ The notice of preliminary objection is dismissed, and the tenant is awarded costs.
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Karitu v Kuria (Tribunal Case E591 of 2023) [2024] KEBPRT 245 (KLR) (13 March 2024) (Ruling)
✦ The Tribunal's jurisdiction is disputed, and the Tenant's Reference and Application are hereby dismissed.
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Kungu v Njoki & another (Tribunal Case E1229 of 2023) [2024] KEBPRT 295 (KLR) (13 March 2024) (Ruling)
✦ The Tenant's Application and Reference dated 5th December 2023 is hereby dismissed.
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Gitene v Ongera & another (Tribunal Case E044 of 2023) [2024] KEBPRT 521 (KLR) (13 March 2024) (Ruling)
✦ The tenancy between the parties expired and was never renewed, and the continued stay of the tenant in the suit premises without the consent of the landlord is illegal and amounts to trespass.
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Onywere v Ali & another (Tribunal Case E679 of 2023) [2024] KEBPRT 265 (KLR) (13 March 2024) (Ruling)
✦ The Tenant is in arrears with rent and electricity payments. The Tenant is ordered to pay Kshs.40,000 in rent arrears and Kshs.53,163 in electricity arrears within 3 months, with failure to pay any installment allowing the Landlady to distress for the whole rent and take back vacant possession immediately.
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Warugongo v Hussein (Tribunal Case E391 of 2023) [2024] KEBPRT 296 (KLR) (13 March 2024) (Ruling)
✦ The tenant's application for review is dismissed, and the orders of the Tribunal are upheld.
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Abaya v Kerario (Tribunal Case E064 of 2023) [2024] KEBPRT 299 (KLR) (12 March 2024) (Ruling)
✦ The court finds the tenant deserving of the orders sought and allows the application in its entirety.
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M’Thaka v Marian Estate Agency (Tribunal Case E018 of 2024) [2024] KEBPRT 597 (KLR) (12 March 2024) (Ruling)
✦ The application and reference are dismissed. The notice of termination is declared lawful and took effect on February 1, 2024. The tenant is ordered to vacate the premises or be evicted. The landlord is awarded Kshs.38,000/- in rent arrears and mesne profits, and Kshs.20,000/- as costs.
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Deegisat TV Services Limited v Hirani (Tribunal Case E244 of 2023) [2024] KEBPRT 522 (KLR) (12 March 2024) (Ruling)
✦ The Tribunal has jurisdiction to hear and determine the dispute. The tenancy is a controlled tenancy, and the landlord is obligated to issue a statutory notice. The tenant is entitled to the orders sought.
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Anthony M’mosi c/o R.H.R.C. Church v Shaban Kinungu c/o Said Shaban Kinungu Family & another (Tribunal Case E054 of 2021) [2024] KEBPRT 369 (KLR) (12 March 2024) (Ruling)
✦ The Tribunal lacks jurisdiction to hear and determine the dispute.
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Shikely v Registered Trustees of Shree Mombasa Mahajan (Tribunal Case 329 of 2020) [2024] KEBPRT 368 (KLR) (11 March 2024) (Ruling)
✦ The new assessed rent is Kshs. 37,300/=, calculated at Kshs. 1,082.00/= per square meter for the shop and Kshs. 541.00/= per square meter for the store.
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Evance t/a Woodley Vine Agencies v Olive Joycare Estate & Property Managers Limited & another (Tribunal Case E503 of 2023) [2024] KEBPRT 333 (KLR) (11 March 2024) (Ruling)
✦ The Tribunal finds the Notice invalid and restrains the Landlady from interfering with the Tenant's quiet enjoyment of the Tenancy.
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Acorn Limited v Gold Rock Development Ltd & 2 others (Tribunal Case E808 of 2023) [2024] KEBPRT 230 (KLR) (11 March 2024) (Ruling)
✦ The preliminary objection is dismissed with no orders as to costs, and the parties are directed to fix the reference for hearing and file compliance documents.
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Nyangari & another v Kenya Africa Othaya Bus Union Ltd (Tribunal Case E100 & E098 of 2022 (Consolidated)) [2024] KEBPRT 371 (KLR) (8 March 2024) (Judgment)
✦ The landlord's notices to terminate the tenants' tenancies are hereby declared to be of no legal effect and are therefore dismissed. The tenants' references are hereby allowed with costs.
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Gichunuku & another v Mwaura (Tribunal Case E834 of 2023) [2024] KEBPRT 363 (KLR) (7 March 2024) (Ruling)
✦ The landlord’s preliminary objection is dismissed.
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Nilerch Investment Company v Ontulili Investment Limited & another (Tribunal Case E1119 of 2023) [2024] KEBPRT 386 (KLR) (6 March 2024) (Ruling)
✦ The Tribunal dismissed the Preliminary Objection and ordered the application to proceed
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Wanyoike v Muchiri (Tribunal Case E1082 of 2022) [2024] KEBPRT 362 (KLR) (6 March 2024) (Ruling)
✦ The Tribunal has no jurisdiction to entertain the dispute and the proceedings are stayed and the matter referred to arbitration.
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Erotekt (Kenya) Limited v Oketch (Tribunal Case E064 of 2023) [2024] KEBPRT 684 (KLR) (5 March 2024) (Ruling)
✦ The Application is dismissed. The Applicant will pay costs assessed at Kshs. 10,000/=
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Khushi Motors Limited v Kenya Railways Corporation (Tribunal Case E110 of 2023) [2024] KEBPRT 292 (KLR) (5 March 2024) (Ruling)
✦ Tenant's complaint and application are allowed with costs, and Landlord's termination notices are declared defective, null, and void.
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Dawida Holdings Limited v Dawida Bar and Restaurant (Tribunal Case E134 of 2023) [2024] KEBPRT 637 (KLR) (4 March 2024) (Ruling)
✦ The Landlord's Complaint is allowed on the following terms: the Tenant shall clear the arrears of Kshs. 1,220,000 being rent arrears as at 23rd May 2023 in addition to any rent accrued to date no later than 21st March 2024; the Tenant shall additionally hand over vacant possession of the premises to the Landlord on or before 31st March 2024 failure to which the Landlord shall be at liberty to break in and enter with the assistance of OCS Voi Police Station or any other Police station with jurisdiction close by; costs are awarded to the Landlord assessed at Kshs. 30,000/=
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Ngugi v Wachira & 10 others; Ngugi (Interested Party) (Tribunal Case E1049 of 2023) [2024] KEBPRT 1065 (KLR) (1 March 2024) (Ruling)
✦ The Tribunal orders that the Applicant, Evan Ngugi, is added as an interested party in the proceedings.
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Mutisya v Ngong Butchers’ Cooperative Society (Tribunal Case E1044 of 2023) [2024] KEBPRT 583 (KLR) (1 March 2024) (Ruling)
✦ The Notice to Terminate dated 31st August, 2023 is a valid notice to terminate the tenancy agreement.
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Nyambura v Mwangi & 2 others (Tribunal Case E982 of 2023) [2024] KEBPRT 293 (KLR) (1 March 2024) (Ruling)
✦ Tenant's application for injunction fails due to lack of a valid notice of rent increment and irreparable loss. Landlord is entitled to rent arrears of Kshs 4,000 per month from 1st June 2023 and any other unpaid rent.