Kenyan case law
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Bwire v Nondi (Tribunal Case 11 of 2021) [2024] KEBPRT 174 (KLR) (23 February 2024) (Judgment)
✦ The Tribunal found the landlord's notice to be valid but ruled that the landlord had not met the requirements to show a clear and settled intention to use the premises for their own business.
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Nyakerario & 5 others v Mogaka & another (Tribunal Case E017 of 2023) [2024] KEBPRT 205 (KLR) (23 February 2024) (Ruling)
✦ The Tribunal found in favor of the respondents, ruling that the tenants' applications were not granted.
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Kironji v William & Sons Investment Co Ltd & another (Tribunal Case E118 of 2023) [2024] KEBPRT 178 (KLR) (21 February 2024) (Ruling)
✦ The Tribunal's ruling on rent arrears is upheld, and the application for review is dismissed.
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Kamau v Mathaka & 2 others (Tribunal Case E875 of 2023) [2024] KEBPRT 198 (KLR) (20 February 2024) (Ruling)
✦ The Preliminary Objection is not merited
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Kiprotich v Christian Foundation Fellowship Kenya Through Pastor Lohi Likunda Injiira (Tribunal Case E064 of 2023) [2024] KEBPRT 194 (KLR) (20 February 2024) (Ruling)
✦ The Landlord is not entitled to the orders sought as the notice to terminate the tenancy was sufficient and the Tenant does not qualify as a protected tenant.
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Njeri v Rimita (Tribunal Case E029 of 2023) [2024] KEBPRT 173 (KLR) (20 February 2024) (Ruling)
✦ The application is dismissed in its entirety, and the orders issued on 19th October, 2023 will subsist. The landlady is awarded costs of Kshs. 15,000/-.
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Bingwa Sacco Limited v Ngari (Tribunal Case E030 of 2023) [2024] KEBPRT 287 (KLR) (Civ) (16 February 2024) (Ruling)
✦ The Landlord is entitled to the rent arrears amounting to Ksh 136,134.29 as of July 2023.
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Kimani v Nginyo (Tribunal Case E527 of 2023) [2024] KEBPRT 191 (KLR) (15 February 2024) (Ruling)
✦ The landlord's notice to terminate the tenancy is dismissed as the renovations are not substantial enough to require vacant possession.
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Namu & another v Kiura (Tribunal Case E052 of 2023) [2024] KEBPRT 405 (KLR) (14 February 2024) (Ruling)
✦ Landlords allowed to break into the suit premises for the purpose of levying distress for the rent arrears, with the landlord's costs and the applicants' costs.
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Namu v Kirimu (Tribunal Case E053 of 2023) [2024] KEBPRT 190 (KLR) (12 February 2024) (Ruling)
✦ The tenant is entitled to the orders sought in his application and the landlord is ordered to pay the tenant's rent arrears and the OCS Manyatta police shall assist in the compliance with the order.
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AMM Holdings Ltd v Troy Medicare Pharmacy Ltd (Tribunal Case E1040 of 2023) [2024] KEBPRT 203 (KLR) (8 February 2024) (Ruling)
✦ The Tribunal lacks jurisdiction due to the tenancy term exceeding 5 years.
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Wambui v Ngururu (Tribunal Case E730 of 2023) [2024] KEBPRT 195 (KLR) (8 February 2024) (Ruling)
✦ The tenant's application for an injunction is dismissed, and the landlord's application is allowed with specific terms.
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Gisaga v Kiruja (Tribunal Case 47 of 2020) [2024] KEBPRT 175 (KLR) (7 February 2024) (Ruling)
✦ The landlord's application for review is dismissed with costs awarded to the tenant
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Awed v Musembi (Tribunal Case E171 of 2023) [2024] KEBPRT 187 (KLR) (Commercial and Tax) (6 February 2024) (Ruling)
✦ The Tribunal finds in favor of the Landlord, allowing a fresh two months' notice of termination of tenancy and requiring the Tenant to pay outstanding arrears of Kshs. 290,000 by March 31, 2023. If not paid, the Landlord can distress the premises. The Tenant must continue paying rent as it falls due.
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Rimberi v Charo; Maabi t/a Murphy Auctioneer (Interested Party) (Tribunal Case E235 of 2023) [2024] KEBPRT 188 (KLR) (6 February 2024) (Ruling)
✦ The application is partially successful, and the tenancy shall progress on the following terms: the tenant is to pay any outstanding arrears by March 31, 2024, and the landlord is at liberty to levy for distress and take back vacant possession if necessary.
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Kariuki v Kinoti (Tribunal Case E673 of 2023) [2024] KEBPRT 197 (KLR) (6 February 2024) (Ruling)
✦ The Landlord’s Preliminary Objection is upheld, and the Tenant’s Complaint and Application are struck out.
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Royal Gardens Limited v Koinange & another; Royal Matresses & 2 others (Interested Parties) (Tribunal Case E781 of 2022) [2024] KEBPRT 584 (KLR) (6 February 2024) (Ruling)
✦ The respondents are in contempt and must pay the tenant Kshs. 1,095,730 within 30 days to purge the contempt.
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Kanyoro v Mutemi & another (Tribunal Case E1019 of 2022) [2024] KEBPRT 318 (KLR) (5 February 2024) (Ruling)
✦ The court dismisses the tenant's notice of preliminary objection and application, and allows the landlord's application.
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Otianga & another v Omodho (Tribunal Case E044 of 2023) [2024] KEBPRT 182 (KLR) (5 February 2024) (Ruling)
✦ The Tribunal has no jurisdiction to hear and determine the dispute as the property is designated for residential use and does not fall under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
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Eldoret Bearing & Springs Limited v Kamau c/o Alpine Wood and Steel Limited (Tribunal Case E019 of 2023) [2024] KEBPRT 177 (KLR) (5 February 2024) (Ruling)
✦ The notice of termination dated 11th January, 2023 is quashed.
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Otianga & another v Omodho (Tribunal Case E044 of 2023) [2024] KEBPRT 193 (KLR) (5 February 2024) (Ruling)
✦ The Tribunal has no jurisdiction to hear the matter as the property is designated for residential use and not a business premise.
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Irungu v Kiriamburi (Tribunal Case E1012 of 2023) [2024] KEBPRT 437 (KLR) (2 February 2024) (Ruling)
✦ The Tenant is in arrears and the Landlord is entitled to distress for rent owing from the Tenant.
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Adida v Ndungu’s (Tribunal Case E821 of 2023) [2024] KEBPRT 127 (KLR) (Civ) (2 February 2024) (Ruling)
✦ The Tribunal finds the verbal notice null and void, and restrains the Respondent from evicting the Tenant/Applicant.
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Mbugua v Mugo (Tribunal Case E243 of 2023) [2024] KEBPRT 92 (KLR) (Civ) (2 February 2024) (Ruling)
✦ The landlord's notice to alter the terms of tenancy dated 26th July, 2023 is valid, and the tenant's application is dismissed with costs assessed at Ksh. 20,000.
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Board of Management Katharaka Primary School (BOM) v Njeru (Tribunal Case E026 of 2023) [2024] KEBPRT 82 (KLR) (Civ) (2 February 2024) (Ruling)
✦ The tribunal orders the tenant to pay Ksh.29,104 in rent arrears, dismisses the landlord's prayer for vacant possession, and orders each party to bear their own costs.