Kenyan case law
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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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Esther Kaimuri Mboroki t/a Esgray Company Limited v Vumira Enterprises Limited (Tribunal Case 783 of 2023) [2024] KEBPRT 383 (KLR) (1 March 2024) (Ruling)
✦ The preliminary objection is dismissed, and the application shall proceed to hearing and determination on the merits.
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Dala Lounge and Grill Ltd v Waas Enterprises Limited (Tribunal Case E1180 of 2023) [2024] KEBPRT 206 (KLR) (1 March 2024) (Ruling)
✦ The notice of preliminary objection is dismissed. The license agreement dated August 1, 2021 is a controlled tenancy under the jurisdiction of the Business Premises Rent Tribunal.
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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.
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Muriithi v Kimani (Tribunal Case E1304 of 2023) [2024] KEBPRT 307 (KLR) (29 February 2024) (Ruling)
✦ The landlord's undated termination notice is declared unlawful and of no legal effect. The tenant's application is allowed, and the landlord is ordered to pay costs.
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Kimari v Muchai (Tribunal Case 23 of 2021) [2024] KEBPRT 378 (KLR) (Civ) (29 February 2024) (Judgment)
✦ The notice of termination dated 25/1/2021 was unlawful and of no legal effect.
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Jawanga Investments Ltd v S. K. Shah t/a Levins (Tribunal Case E906 of 2023) [2024] KEBPRT 257 (KLR) (Civ) (29 February 2024) (Ruling)
✦ The tenant is entitled to the demised premises and the landlord is directed to allow free access and restore goods.
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George W. Murago t/a Indosteel Hardware v Kamuchinde Co. Ltd t/a Stephen Kinugu Ndegwa (Tribunal Case E1063 of 2023) [2024] KEBPRT 313 (KLR) (29 February 2024) (Ruling)
✦ The distress for rent was lawful, and the tenant's application lacked merit.
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Gate House Limited v Watene (Tribunal Case E182 of 2023) [2024] KEBPRT 1512 (KLR) (Civ) (29 February 2024) (Ruling)
✦ The rent increment was not supported by law and the notice thereof was unlawful and of no effect. The reference and application are dismissed as they lack merit. The landlord will be at liberty to issue a proper notice in compliance with the Landlord and Tenant (Shops, Hotels and Catering establishments Act) Cap. 301 at its convenience. Each party shall bear their own costs.
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Mwangi v Mulanda & 3 others (Tribunal Case E183 of 2023) [2024] KEBPRT 319 (KLR) (29 February 2024) (Ruling)
✦ The Reference and Application are dismissed. The 1st Respondent is ordered to pay the 2nd and 3rd Respondents the rents for December 2022 to May 2023. The rents deposited for June 2023 to February 2024 are released to the 2nd and 3rd Respondents. The 1st Respondent is ordered to pay costs to the Applicant and the 2nd and 3rd Respondents.
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Mbugua v Kangari t/a Muhu Holdings & 2 others (Tribunal Case E869 of 2023) [2024] KEBPRT 185 (KLR) (Commercial & Admiralty) (28 February 2024) (Ruling)
✦ Tenant's application for waiver of arrears for locked premises is denied. Tenant's application for payment of rent arrears in installments is denied.
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Kimani & another v Reliques Africa Limited & another (Tribunal Case E062 of 2023) [2024] KEBPRT 180 (KLR) (28 February 2024) (Ruling)
✦ The Tribunal has jurisdiction to preside over the dispute and may grant the prayers in the notice of motion.
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Mwanzumbi v Mutuma (Tribunal Case E148 of 2023) [2024] KEBPRT 1511 (KLR) (28 February 2024) (Ruling)
✦ The application is dismissed and the costs shall abide the outcome of the reference.
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Lanstar Technologies Limited v Emerg Investments Limited (Tribunal Case 30 of 2018) [2024] KEBPRT 401 (KLR) (28 February 2024) (Ruling)
✦ The court found that the landlord has established grounds for termination of the tenancy due to persistent rent arrears and subletting.
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Madedo v Nzano (Tribunal Case E135 of 2023) [2024] KEBPRT 256 (KLR) (28 February 2024) (Judgment)
✦ The court finds that the tenant is not in rent arrears and dismisses the claim for rent arrears. The notice of termination is found to be unlawful and the tenancy agreement lapsed on January 4, 2023. The tenant is ordered to vacate the premises within 7 days.
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Njoroge & another v Etwons Property Consultants Ltd (Tribunal Case E854 of 2023) [2024] KEBPRT 202 (KLR) (28 February 2024) (Ruling)
✦ The court lacks jurisdiction to preside over the matter due to the absence of a written lease and the lack of a Tenant/Landlord relationship.
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Kagwana v Mwangi (Tribunal Case E905 of 2023) [2024] KEBPRT 322 (KLR) (27 February 2024) (Ruling)
✦ The application is dismissed, and the landlord is ordered to distress for rent at Ksh169,000/- for the month of February 2024.
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Richard & another v Okeyo (Tribunal Case E972 of 2023) [2024] KEBPRT 382 (KLR) (27 February 2024) (Ruling)
✦ The Tribunal has jurisdiction to determine the matter.
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B2 Yatta Ranching Co-operative Society Limited & another v Kamunde (Tribunal Case E1073 of 2023) [2024] KEBPRT 317 (KLR) (Civ) (27 February 2024) (Ruling)
✦ The landlord's Application is dismissed. The tenant is ordered to pay the admitted rent arrears of Kshs. 13,500/=
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Mueni v Waweru & another (Tribunal Case E306 of 2023) [2024] KEBPRT 334 (KLR) (27 February 2024) (Ruling)
✦ The tenant has been operating the premises as one business unit and the ground for termination of tenancy is not proven.
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Nyambura & 8 others v Secretary General, Kenya African National Union (KANU) (Tribunal Case E101, E100 & E102-108 of 2023 (Consolidated)) [2024] KEBPRT 821 (KLR) (26 February 2024) (Ruling)
✦ Notice of preliminary objection is dismissed with no orders as to costs
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Starlight Auto Parts & Accessories v Muswell Hill Limited & 2 others (Tribunal Case E987 of 2023) [2024] KEBPRT 316 (KLR) (26 February 2024) (Ruling)
✦ The Applicant’s Application lacks merit and is denied.
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Nyambura & 8 others v Secretary General, Kenya African National Union (KANU) (Tribunal Case 101, E100 & E102-108 of 2023 (Consolidated)) [2024] KEBPRT 176 (KLR) (26 February 2024) (Ruling)
✦ The notice of preliminary objection is dismissed with no orders as to costs.
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Kiarie & another v Leseya & 2 others (Tribunal Case E849 of 2023) [2024] KEBPRT 411 (KLR) (26 February 2024) (Ruling)
✦ The tenant did not establish that the landlords disconnected the tenants' power supply. The tenant also did not prove that the landlords locked down the premises. The tenant cannot be held liable for the losses incurred.
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Vikiru v Able Fielders Ltd Property Management (Tribunal Case E003 of 2022) [2024] KEBPRT 204 (KLR) (23 February 2024) (Ruling)
✦ Timothy Vikiru is the landlord of the suit premises and is entitled to possession of the premises in line with Section 12(1)(e) of Cap 301, Laws of Kenya.