Kenyan case law
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Abdikadir Ahmed t/a Uptown Restaurant v Chumz Limited & another (Tribunal Case E481 of 2023) [2023] KEBPRT 1229 (KLR) (3 November 2023) (Ruling)
✦ The tenant is entitled to an injunction to prevent the landlord from interfering with his occupation, possession, or interest in the property. The tenant is also required to clear rent arrears within 30 days.
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Njogu v Naitutae (Tribunal Case E647 of 2023) [2023] KEBPRT 1235 (KLR) (3 November 2023) (Ruling)
✦ The landlord is allowed to levy distress for rent arrears with the help of a licensed auctioneer, but the court is unable to order eviction as the notice to terminate tenancy has not matured.
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Kamau v Nyaga (Tribunal Case 623 of 2019) [2023] KEBPRT 1137 (KLR) (Civ) (3 November 2023) (Ruling)
✦ The tenant's application for review is dismissed with costs to the landlord
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Magnum Trimurti Limited v Hiriz (Tribunal Case E028 of 2023) [2023] KEBPRT 1211 (KLR) (3 November 2023) (Ruling)
✦ The Tribunal has jurisdiction to hear the dispute. The tenant is not entitled to injunctions as it has failed to pay rent and the landlord is entitled to the rent increment as per the lease agreement.
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Fredrick Evanzi Gamaliel t/a Fred Motor Works v Mohamed (Tribunal Case E078 of 2023) [2023] KEBPRT 712 (KLR) (2 November 2023) (Ruling)
✦ The applicant's application and reference are incompetent and bad in law due to lack of jurisdiction.
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Okoth v Prime Spot Enterprises Ltd (Tribunal Case E446 of 2023) [2023] KEBPRT 676 (KLR) (2 November 2023) (Ruling)
✦ Tenant's complaint and motion are allowed; landlord's notice of termination is declared invalid; landlord restrained from unlawful eviction and damage to property; tenant awarded Kshs.50,000 in costs
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Kyalo v Kilungya (Tribunal Case E390 of 2023) [2023] KEBPRT 669 (KLR) (1 November 2023) (Ruling)
✦ The application is dismissed.
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Estates v Opango (Tribunal Case E039 of 2023) [2023] KEBPRT 673 (KLR) (1 November 2023) (Ruling)
✦ The application and reference dated June 6, 2023 are hereby dismissed. The interim orders issued on June 8, 2023 are hereby discharged and/or vacated forthwith. The Notice of Termination of tenancy dated April 11, 2023 is declared defective and is hereby dismissed. The landlord is granted leave to issue a proper notice of termination of tenancy upon the tenant in the prescribed form under section 4(2) of Cap. 301, Laws of Kenya.
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Masinde v Koech (Tribunal Case E074 of 2023) [2023] KEBPRT 671 (KLR) (31 October 2023) (Ruling)
✦ The application is marked as overtaken by subsequent events, and the landlord is awarded costs of Kshs. 10,000 against the tenant.
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Chepkosi v Njambi (Tribunal Case E551 of 2023) [2023] KEBPRT 652 (KLR) (27 October 2023) (Ruling)
✦ The Tribunal dismissed the landlady's preliminary objection and found the notices invalid. The tenant was ordered to remain in the premises and continue paying rent as agreed.
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Obati v Ndung’ & another (Tribunal Case E341 of 2023) [2023] KEBPRT 643 (KLR) (Commercial and Tax) (27 October 2023) (Ruling)
✦ The tenant's reference and application are dismissed with the landlord being allowed to obtain vacant possession with the assistance of the Ruaraka Police Station if the tenant does not vacate within 15 days, and costs assessed at Kshs. 20,000 to the landlord.
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Sax and Violin Limited v Cross Roads Limited (Tribunal Case E238 of 2023) [2023] KEBPRT 644 (KLR) (27 October 2023) (Ruling)
✦ The Tribunal has the requisite jurisdiction to hear and determine the matter. The landlord has the right to distress for rent arrears.
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Lesedi Developers Limited v Square Meter Limited & another (Tribunal Case E351 of 2023) [2023] KEBPRT 641 (KLR) (27 October 2023) (Ruling)
✦ The Respondents' Preliminary Objection is not sustainable.
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Kagathe t/a Euro Ltd v Tourism Finance Corporation & another (Tribunal Case E485 of 2023) [2023] KEBPRT 653 (KLR) (26 October 2023) (Ruling)
✦ The tenant's reference and application are partially merited
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Migwi v Wanjala (Tribunal Case E016 of 2023) [2023] KEBPRT 642 (KLR) (26 October 2023) (Judgment)
✦ The tenant is ordered to surrender vacant possession within 30 days, pay Kshs 700,000 in arrears within 30 days, and the landlord is allowed to break in and take over the possession if the tenant fails to pay.
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Maranga v Samburu (Tribunal Case E478 of 2023) [2023] KEBPRT 645 (KLR) (Civ) (24 October 2023) (Ruling)
✦ The Landlady's notice of termination dated 17th April 2023 is valid. Arrears of Kshs. 47,600.00 for the months of November 2022 to July 2023 and any other arrears owing between August 2023 and October 2023 be cleared by 31st November 2023. The Landlady is at liberty to take over vacant possession of the suit premises with leave to break in if the Tenant would have not moved out by 30th November 2023.
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Mwaura v Onsinyo & 4 others (Tribunal Case E535 of 2022) [2023] KEBPRT 649 (KLR) (24 October 2023) (Ruling)
✦ The application by the Tenant is devoid of merit and is dismissed with no award as to costs.
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Mwendah v Wasike (Tribunal Case E095 of 2023) [2023] KEBPRT 674 (KLR) (24 October 2023) (Ruling)
✦ The court lacks jurisdiction to preside over the matter and dismisses the reference and notice of motion.
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Mohamud v Hughbury Properties Limited (Tribunal Case E1064 of 2022) [2023] KEBPRT 1281 (KLR) (24 October 2023) (Ruling)
✦ The landlord's application is dismissed with costs to the tenant.
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Mutisya v Kariuki & another (Tribunal Case E137 of 2023) [2023] KEBPRT 1304 (KLR) (19 October 2023) (Ruling)
✦ The tenant's complaint and application are merited, and the landlord is ordered to refund the goodwill and renovation costs.
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Muthinzi v Malombe (Tribunal Case E1223 of 2022) [2023] KEBPRT 1111 (KLR) (19 October 2023) (Ruling)
✦ The notice given by the landlord is invalid and of no legal consequence. The tenant owes rent to the landlord.
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Chogoro v Nyanchoka (Tribunal Case E018 of 2023) [2023] KEBPRT 677 (KLR) (19 October 2023) (Ruling)
✦ The landlord's termination notice is invalid, and the tenant's application is allowed. The landlord is ordered not to serve a similar notice for the next 12 months and to pay Kshs.10,000 in costs to the tenant.
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Njeri v Rimita (Tribunal Case E029 of 2023) [2023] KEBPRT 1339 (KLR) (19 October 2023) (Ruling)
✦ Notice of termination is valid and tenant is allowed to remain in occupation until 1st November, 2023. Tenant must pay agreed rent and restore premises.
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Igamba & another v Kiarie & another (Tribunal Case E577 of 2023) [2023] KEBPRT 1129 (KLR) (Civ) (19 October 2023) (Ruling)
✦ The Tribunal orders the landlord to prohibit unlawful actions and the tenant to pay rent at the contract amount.
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Wairimu v Johari Real Estates Limited & 2 others (Tribunal Case E348 of 2023) [2023] KEBPRT 1318 (KLR) (18 October 2023) (Ruling)
✦ The Tribunal has jurisdiction to order for the levy of distress against a tenant in rent arrears, but the process of levying distress for controlled tenancies requires the consent of the Tribunal.