Kenyan case law
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Gitau v Mbugua & another (Tribunal Case E428 of 2023) [2024] KEBPRT 118 (KLR) (24 January 2024) (Ruling)
✦ The application for a stay of the proclamation notice is dismissed. The landlord is ordered to serve the tenant with an updated statement of account within 3 days, and the tenant is to pay the outstanding rent arrears and utility bills within 14 days. If the tenant fails to comply, the landlord is authorized to levy distress without reference to the Tribunal. Each party bears their own costs.
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Mwangi v Kimani & 2 others (Tribunal Case E1075 of 2023) [2024] KEBPRT 88 (KLR) (Civ) (24 January 2024) (Ruling)
✦ The notices of termination were declared unlawful and of no effect. The Tenant's tenancy is a controlled tenancy and can only be terminated in strict compliance with the Landlord and Tenant (Shops, Hotels and Catering Establishments Act). The Landlord is granted leave to remove his goods from the premises.
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Chege & another v Nganga (Tribunal Case E616 of 2021) [2024] KEBPRT 125 (KLR) (Civ) (23 January 2024) (Ruling)
✦ The application is dismissed with costs awarded to the respondent
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Ondieki v Onyango (Tribunal Case E632 of 2023) [2024] KEBPRT 126 (KLR) (22 January 2024) (Ruling)
✦ Tribunal found a controlled tenancy existed and the landlord's notice was not in the prescribed form.
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Psalm 40 & another v Child of God Centre (Tribunal Case 614 of 2019) [2024] KEBPRT 183 (KLR) (22 January 2024) (Ruling)
✦ The application is allowed in terms of prayers 2, 4 and 5, and the landlord is granted orders to levy distress for rent.
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Kiriamburi v Maina & another (Tribunal Case E1050 of 2023) [2024] KEBPRT 129 (KLR) (19 January 2024) (Ruling)
✦ Tribunal finds no landlord and tenant relationship and dismisses the application.
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Geca Supplies Ltd v Mukta Shah of the Estate of the Late Shantabai (Tribunal Case E865 of 2022) [2024] KEBPRT 68 (KLR) (19 January 2024) (Ruling)
✦ The tenant's application is allowed, and the tenant is ordered to pay a monthly rent of Ksh. 166 per square foot for the entire suit premises.
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Mwangi v Kabengi Investment (Tribunal Case E684 of 2023) [2024] KEBPRT 65 (KLR) (19 January 2024) (Ruling)
✦ The landlord is restrained from interfering with the tenant's tenancy quiet enjoyment and should open the rear door with immediate effect. The tenant is restrained from using the veranda outside the premises in any way that amounts to breach of clause 2 of the tenancy agreement.
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Ali v Nyawa (Tribunal Case E257 of 2023) [2024] KEBPRT 87 (KLR) (19 January 2024) (Ruling)
✦ The respondent’s notice of preliminary objection is without merit, the landlord is not qualified to recover vacant possession, the landlord is entitled to Kshs.65,000 in rent arrears, and the costs are awarded to the landlord.
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Topride Driving School Institute Limited v Waiyaki Way Shopping Center Limited & 2 others (Tribunal Case E909 of 2023) [2024] KEBPRT 314 (KLR) (18 January 2024) (Ruling)
✦ The application and reference by the Tenant/Applicant is not merited and the Tribunal dismisses the application.
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Wangari & another v Gicharu (Tribunal Case E163 of 2023) [2024] KEBPRT 63 (KLR) (18 January 2024) (Ruling)
✦ The Tenant's Application and Reference dated 8th February 2023 are hereby dismissed in the following terms: a. The Landlord to take vacant possession and lease the same out to other tenants. b. Each party shall bear their own costs.
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Kibe (Bekira Enterprises) & another v Kihara t/a Kongo Kihara Foundation (Tribunal Case E125 of 2023) [2024] KEBPRT 67 (KLR) (18 January 2024) (Ruling)
✦ The Landlord’s Reference and Notice of Motion Application is allowed, with the Tenant to pay KShs. 25,000 in rent arrears by 31st January 2024, and the Landlord to take back vacant possession if not paid.
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Muchangi v Karingi (Tribunal Case E056 of 2023) [2024] KEBPRT 184 (KLR) (18 January 2024) (Ruling)
✦ The court finds the tenant's case merited and allows the application, declaring the landlord's termination notices illegal and null and void.
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Kimathi v Mweti (Tribunal Case E125 of 2023) [2024] KEBPRT 179 (KLR) (18 January 2024) (Ruling)
✦ The ex-parte orders are vacated, and the landlord is granted leave to respond to the application and reference within 14 days. The interim orders granted to the Tenant are restored, and the landlord is ordered to pay Kshs. 5,000 in costs.
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Macharia v Legal representative of the Estate of Kiriga Githuba & another (Tribunal Case E953 of 2023) [2024] KEBPRT 420 (KLR) (17 January 2024) (Ruling)
✦ The Tribunal finds that the reference by the Tenant is merited and dismisses the application.
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Olal v Mkoko & another (Tribunal Case E055 of 2023) [2024] KEBPRT 301 (KLR) (17 January 2024) (Ruling)
✦ The Respondents' application is dismissed. The Applicants are awarded costs.
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Rotich v Rose Jeptoo Tangwa t/a Waridi Store (Tribunal Case E053 of 2023) [2024] KEBPRT 315 (KLR) (17 January 2024) (Ruling)
✦ The application is dismissed with costs to the Respondent
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Njenga v Karama (Tribunal Case E205 of 2023) [2024] KEBPRT 402 (KLR) (16 January 2024) (Ruling)
✦ The court dismissed the reference and notice of motion, finding no relationship between the parties as envisaged by the Act, and each party bears their own costs.
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Nyokabi v Muthuuri (Tribunal Case E014 of 2023) [2024] KEBPRT 138 (KLR) (16 January 2024) (Ruling)
✦ The tenancy expired by euxion of time on May 31, 2023, and the tenant is not entitled to the prayers sought in her application. The landlord's application for eviction and distress for rent has merits and is allowed.
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Waihwa v Nyahururu Women Group (Tribunal Case E628 of 2023) [2024] KEBPRT 6 (KLR) (16 January 2024) (Ruling)
✦ The Tribunal partially allows the Reference and issues orders for the Tenant to pay agreed monthly rent and for the Landlord to issue fresh notices and distress if the Tenant fails to comply.
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Kandia v Maina (Tribunal Case E947 of 2023) [2024] KEBPRT 192 (KLR) (16 January 2024) (Ruling)
✦ The Tribunal lacks jurisdiction and the landlord's orders are struck out.
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Gitahi v Njenga & 2 others (Tribunal Case E825 of 2023) [2024] KEBPRT 4 (KLR) (16 January 2024) (Ruling)
✦ The Notice of termination by the Landlord/respondent dated 8th August 2023 is invalid and of no legal effect.
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Genwatt Investment Group Limited v Wahinya alias John Karuga (Tribunal Case E671 of 2023) [2024] KEBPRT 7 (KLR) (15 January 2024) (Ruling)
✦ Tenant’s Application and Reference dated 10th July 2023 is partially allowed
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Aston Computers v Kenya Post Office Savings Bank Staff Retirement Benefits Scheme (Tribunal Case E069 of 2023) [2024] KEBPRT 66 (KLR) (15 January 2024) (Ruling)
✦ The notice of termination dated 14th April 2023 is invalid, and the Tenant is ordered to pay rent arrears of KShs. 4,313,170.00 within 30 days. The Landlord is granted liberty to issue a fresh notice.
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City Hub Electronics Limited v JAD Agencies (Tribunal Case E1013 of 2023) [2024] KEBPRT 181 (KLR) (15 January 2024) (Ruling)
✦ The landlord's notice of termination is found to be unlawful.