Kenyan case law
-
East Coast Horizons Limited v Mago Investment Limited (Tribunal Case E1023 of 2022) [2023] KEBPRT 458 (KLR) (2 August 2023) (Ruling)
✦ The tenant’s application is allowed, with the landlord restrained from closing, threatening, interfering, and/or evicting the tenant from the suit premises.
-
Restitution Chambers Kenya Limited v Akiba Properties Kenya Ltd (Tribunal Case 90 of 2021) [2023] KEBPRT 1284 (KLR) (1 August 2023) (Ruling)
✦ The Tribunal's jurisdiction has been voided by the landlord's unlawful actions in contempt of court orders.
-
Ngugi v Kasngara & 2 others (Tribunal Case E105 of 2023) [2023] KEBPRT 427 (KLR) (1 August 2023) (Ruling)
✦ The Tenant’s Application dated October 12, 2022 is hereby partially allowed
-
Njuguna v Faza Properties Limited & another (Tribunal Case E268 of 2023) [2023] KEBPRT 425 (KLR) (Civ) (1 August 2023) (Ruling)
✦ The Tribunal dismisses the 2nd Respondent's preliminary objection and the tenant's reference and application, and orders the tenant to remain in the premises and continue paying rent.
-
Restitution Chambers Kenya Limited v Akiba Properties Kenya Ltd (Tribunal Case 90 of 2021) [2023] KEBPRT 1108 (KLR) (1 August 2023) (Ruling)
✦ The Tribunal's jurisdiction has been voided due to the Respondent's unlawful actions in contempt of court orders.
-
Ngwiri v Wanyange & 2 others (Sued as the Administrators of the Estate of the late Kariu Nyange) (Tribunal Case E142 of 2022) [2023] KEBPRT 1305 (KLR) (31 July 2023) (Ruling)
✦ The landlord's notice to terminate tenancy is not barred by Section 9(3) of Cap 301, as it is not related to the matter affected by the determination in BPRT Case No. 13 of 2021.
-
Mwangi v Nderitu (Tribunal Case E070 of 2022) [2023] KEBPRT 1300 (KLR) (31 July 2023) (Ruling)
✦ The landlord is ordered to return the tenant's weighing scale machine, electrical submeter, and tenant's book of accounts. The tenant is ordered to continue accessing the premises as per the orders issued on 3.11.2022. The landlord is granted leave to levy distress against the tenant for rent (if any is outstanding) to date. The prayer for compensation is declined.
-
Mbaria v Mbaria & 2 others (Tribunal Case E299 of 2023) [2023] KEBPRT 1313 (KLR) (28 July 2023) (Ruling)
✦ The tenant is not entitled to the orders sought in her application and the tenancy relationship for shop No. 14 does not exist.
-
Njuguna v Murega (Tribunal Case E539 of 2023) [2023] KEBPRT 1224 (KLR) (27 July 2023) (Ruling)
✦ The landlord is granted leave to levy distress for rent against the tenant for the accrued rent arrears and is also granted costs of the application.
-
Ngumu & another v Kyumbu (Tribunal Case E809 of 2022) [2023] KEBPRT 1156 (KLR) (26 July 2023) (Ruling)
✦ The tenant's application is dismissed with costs awarded to the landlord
-
Kiniu v Wangai & another (Tribunal Case E385 of 2023) [2023] KEBPRT 1244 (KLR) (26 July 2023) (Ruling)
✦ The notice of termination dated 23rd January, 2023 is quashed and the reference dated 13th April, 2023 is allowed.
-
Kiprono & 2 others v Rutto & 4 others (Tribunal Case E105 & E168 of 2022 (Consolidated)) [2023] KEBPRT 1374 (KLR) (26 July 2023) (Ruling)
✦ The landlords are entitled to terminate the tenancy and seek eviction and distress for rent.
-
Mwaniki v King’oly Investment Limited & 2 others (Tribunal Case E398 of 2023) [2023] KEBPRT 1231 (KLR) (25 July 2023) (Ruling)
✦ The tenant is entitled to the protection she has sought from the tribunal and the application is allowed in terms of prayers 6, 7 and 8 of the said application.
-
Njeru & another v Mukiira (Tribunal Case 11 of 2021) [2023] KEBPRT 1191 (KLR) (Civ) (25 July 2023) (Ruling)
✦ The landlord is entitled to the orders sought in the application dated 29.11.2022, including payment of rent arrears and eviction of the tenant.
-
Lenana Archade Limited v Aballa & 2others t/a Spiced Rocks Liquor Store (Tribunal Case E202 of 2023) [2023] KEBPRT 1203 (KLR) (25 July 2023) (Ruling)
✦ The Tribunal has no jurisdiction to hear and determine the dispute as the lease agreement does not create a controlled tenancy.
-
Moraa v William (Tribunal Case E007 of 2023) [2023] KEBPRT 419 (KLR) (Civ) (21 July 2023) (Ruling)
✦ The Tenant's Reference and Application are hereby dismissed.
-
Kamwara v Mwaria (Tribunal Case E018 of 2022) [2023] KEBPRT 418 (KLR) (Civ) (21 July 2023) (Ruling)
✦ The Tenant failed to prove his case on a balance of probability and the application is dismissed.
-
Kinyua v Mutevu (Tribunal Case E042 of 2023) [2023] KEBPRT 1171 (KLR) (Civ) (21 July 2023) (Ruling)
✦ The landlord's application is allowed, and the tenant is ordered to vacate the premises within 30 days. If not, the tenant will be forcibly evicted.
-
Sheth Agencies Limited v Saifee Foundation & another (Tribunal Case E818 of 2022) [2023] KEBPRT 1327 (KLR) (20 July 2023) (Ruling)
✦ The court issues an order of stay of execution of the orders emanating from the ruling of 6.4.2023 on the condition that the tenant will deposit the sum of Kshs. 5,064,000/= in a joint interest earning account within the next thirty days.
-
Nduta v Mwangi & another (Tribunal Case E084 of 2022) [2023] KEBPRT 417 (KLR) (Civ) (19 July 2023) (Ruling)
✦ The tenant's reference and application dated 6th July 2022 are dismissed in the following terms: the tenant shall hand over vacant possession of the premises failure to which the landlord shall be at liberty to break in to the premises. OCS Bondeni Police Station to assist with compliance. Each party shall bear their own Costs.
-
Babu v Southern Haulage (Cause E209 of 2022) [2023] KEBPRT 437 (KLR) (Civ) (19 July 2023) (Judgment)
✦ The rent increment proposal by the landlord is proper within the rates of market value and due to the inflation factors as well as the factors contained in Regulations 9 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and Procedure) Regulations, 1966.
-
Kamaru t/a St Anne Lifred Academy v Estate of Late Mathew Ndungu Kimani & another (Tribunal Case E128 of 2023) [2023] KEBPRT 435 (KLR) (19 July 2023) (Ruling)
✦ The landlord's preliminary objection is dismissed
-
Ali v Ahmed (Tribunal Case E056 of 2023) [2023] KEBPRT 1218 (KLR) (19 July 2023) (Ruling)
✦ Tenant's complaint is dismissed with no orders as to costs
-
Nderitu & another (Both t/a Gatuhi & Onyare Associates) v Registered Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust & another (Tribunal Case E075 of 2023) [2023] KEBPRT 420 (KLR) (Civ) (19 July 2023) (Ruling)
✦ The tenant is ordered to pay the landlord KShs. 172,632.00 as rent arrears within 30 days from the date of the ruling. Failure to comply will allow the landlord to levy distress for rent.
-
Makori v Nyambare (Tribunal Case E1174 of 2022) [2023] KEBPRT 433 (KLR) (Civ) (18 July 2023) (Ruling)
✦ The notice to terminate the tenancy was not issued in accordance with the Land and Tenant (Shops, Hotels and Catering Establishments) Act, Chapter 301, Laws of Kenya, and is therefore invalid.