Kenyan case law
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Belcom Agencies Limited v Transline Classic Limited (Tribunal Case E009 of 2021) [2023] KEBPRT 1293 (KLR) (18 October 2023) (Judgment)
✦ The Tribunal finds the tenant in arrears and orders the tenant to pay the outstanding rent arrears.
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Mohamed t/a Stealth Auto Care v Mwangi & another (Tribunal Case E207 of 2023) [2023] KEBPRT 1309 (KLR) (17 October 2023) (Ruling)
✦ The preliminary objection is allowed, and the tenant is awarded a waiver of rent for two months.
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Real Agencies Limited v Nguthi (Tribunal Case E105 of 2023) [2023] KEBPRT 655 (KLR) (17 October 2023) (Ruling)
✦ Interim orders of injunction were granted pending hearing inter-partes.
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Mbichi & another v Meru Catholic Secretariat (Tribunal Case E039 of 2023) [2023] KEBPRT 1207 (KLR) (17 October 2023) (Ruling)
✦ The Tribunal finds that the reason for the termination notice was valid and genuine, and the renovations and improvements are substantial and extensive.
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Maxgame Limited v Sayani Investments Limited & another; Goldlakes Investments Limited (Interested Party) (Tribunal Case E426 of 2023) [2023] KEBPRT 1325 (KLR) (17 October 2023) (Ruling)
✦ The Tribunal has no jurisdiction to hear the dispute due to the absence of a tenancy relationship.
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Njue & 8 others v Mangi & another (Tribunal Case 250 & 251 of 2020) [2023] KEBPRT 1288 (KLR) (17 October 2023) (Ruling)
✦ The court determined that the application for recusal should be granted.
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Maxgame Limited v Sayani Investments Limited & another; Goldlakes Investments Limited (Interested Party) (Tribunal Case E426 of 2023) [2023] KEBPRT 1337 (KLR) (17 October 2023) (Ruling)
✦ The Tribunal has no jurisdiction to hear the dispute due to the lack of a tenancy relationship.
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Muriithi t/a Pana Properties v Gate House Limited (Tribunal Case E098 of 2023) [2023] KEBPRT 706 (KLR) (Civ) (13 October 2023) (Ruling)
✦ The application is dismissed with costs, and the landlord's costs are assessed at Kshs.20,000/- all inclusive.
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Mshila v Nduli (Tribunal Case E101 of 2023) [2023] KEBPRT 707 (KLR) (13 October 2023) (Ruling)
✦ The Tribunal has no jurisdiction to adjudicate the dispute as the same has been filed and litigated in the wrong forum.
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Njoki v Zubedi & another (Tribunal Case 244 of 2019) [2023] KEBPRT 1208 (KLR) (13 October 2023) (Judgment)
✦ The Business Premises Rent Tribunal has no jurisdiction to determine the issue of forcible eviction of the applicant and to grant the reliefs sought by the applicant.
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Chege v Villa Greens Limited (Tribunal Case E300 of 2023) [2023] KEBPRT 639 (KLR) (13 October 2023) (Ruling)
✦ The Tenant’s Reference is partially merited. The Landlord is at liberty to issue a fresh valid notice to terminate tenancy after a period not being less than two months after the receipt by the receiving party.
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Mint Holdings Limited v Josem Trust Limited (Tribunal Case E1075 of 2022) [2023] KEBPRT 1331 (KLR) (12 October 2023) (Ruling)
✦ The landlord's application for eviction is dismissed as the notice to vacate the tenant was not properly served.
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Watatu Development Limited v Kyengo & another (Tribunal Case E270 of 2022) [2023] KEBPRT 1283 (KLR) (11 October 2023) (Ruling)
✦ The application for eviction is allowed.
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Salat v Nnicom Investment Company & 2 others (Tribunal Case E103 of 2023) [2023] KEBPRT 624 (KLR) (11 October 2023) (Ruling)
✦ The Tribunal lacks jurisdiction to hear the Application as the Lease agreement falls outside the purview of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
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Muigai (Suing on Behalf of 9 others) v Nairobi City County Government & 2 others (Tribunal Case E1214 of 2022) [2023] KEBPRT 1228 (KLR) (Civ) (9 October 2023) (Ruling)
✦ The application is dismissed with no orders as to costs
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Nyongesa v Maina & another (Tribunal Case E531 of 2023) [2023] KEBPRT 1128 (KLR) (Civ) (9 October 2023) (Ruling)
✦ The tenancy is a controlled tenancy and the landlord's actions were illegal.
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Cedar Hospital Limited v Hasham Lalji Properties Limited & 2 others (Tribunal Case E040 of 2023) [2023] KEBPRT 1215 (KLR) (9 October 2023) (Ruling)
✦ The application for temporary injunction is allowed in terms of prayer 2, and the parties are directed to ventilate the issues raised during the hearing of the reference.
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Githaiga & another (Suing as the legal representatives of the Estate of the Late James Githaiga Kuria) v Karanja (Tribunal Case E687 of 2023) [2023] KEBPRT 1340 (KLR) (9 October 2023) (Ruling)
✦ The Tribunal holds that the issue of possession has already been determined and orders thereto make to such effect, the entire application fails and is dismissed with costs.
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Ouma v Kamwaro & another (Tribunal Case E327 of 2023) [2023] KEBPRT 656 (KLR) (Civ) (6 October 2023) (Ruling)
✦ Tenant's complaint dismissed with costs, landlord's application allowed with costs
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Ngugi v Munguchi (Tribunal Case E644 of 2022) [2023] KEBPRT 1153 (KLR) (6 October 2023) (Ruling)
✦ The Tribunal lacks jurisdiction to hear the application as the landlord and tenant relationship has been terminated by the Tribunal's ruling and the tenant vacated the premises as ordered.
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Elegance Technology Ltd v Kiwakimu Ltd & another (Tribunal Case E462 of 2023) [2023] KEBPRT 657 (KLR) (6 October 2023) (Ruling)
✦ The tenant's reference and application are struck out, and the interim orders are discharged.
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Kamau v Nyaga (Tribunal Case 623 of 2019) [2023] KEBPRT 1290 (KLR) (6 October 2023) (Ruling)
✦ The Tribunal has the power to review the ruling and the landlord's objections are dismissed.
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Waitere t/a Kangethe Waitere & Co Advocates v Tourism Finance Corporation & another (Tribunal Case 774 of 2018) [2023] KEBPRT 1292 (KLR) (6 October 2023) (Ruling)
✦ The landlord's letters of offer seeking to increase the rent were invalid and of no legal effect. The rent payable is the last rent each of the tenants was paying in accordance with their respective leases.
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Mohamed & another v Billel (Tribunal Case 261 of 2020) [2023] KEBPRT 1282 (KLR) (Civ) (6 October 2023) (Ruling)
✦ The application is dismissed with costs. The landlord's costs are assessed at Kshs. 20,000/= against the tenants. The stay order is discharged.
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Njikari v Njugi (Tribunal Case E40 of 2022) [2023] KEBPRT 637 (KLR) (Commercial and Tax) (6 October 2023) (Ruling)
✦ The Tenant’s Notice of Motion Application dated 8th July 2022 is partially allowed. The Orders of this Tribunal issued on 17th February 2023 are affirmed and adjusted. The Tenant is ordered to continue paying rent as and when it falls due at the rate of KShs. 13,310.00 per month, in default.