Kenyan case law
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Kimani (Suing as Guardian of Samuel Kimani Karoki) v Oyugi t/a Jopenpha School (Tribunal Case E431 of 2022) [2023] KEBPRT 77 (KLR) (27 February 2023) (Ruling)
✦ The Tribunal has jurisdiction to order for vacant possession and the tenant is required to give it within 60 days.
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Mutemi v Tailor (Tribunal Case E014 of 2022) [2023] KEBPRT 64 (KLR) (Civ) (27 February 2023) (Ruling)
✦ The Tribunal lacks jurisdiction to deal with criminal matters involving business premises. The Landlord’s Notice of Preliminary Objection is dismissed, and the Tenant’s application is upheld.
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Central Watch Company Limited v Embu Gaturi Housing Co-op Society Limited (Tribunal Case E467 of 2022) [2023] KEBPRT 1236 (KLR) (27 February 2023) (Ruling)
✦ The affidavit and consent are not admitted as evidence, and the landlord is not entitled to the rent increase or the security deposit.
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Nkirote & 3 others v Protasio (Tribunal Case E006 of 2023) [2023] KEBPRT 1388 (KLR) (24 February 2023) (Judgment)
✦ The Landlords' application for distress is upheld, and the Tenant is ordered to pay Kshs 30,000/= by 31st July 2024.
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Kangaru t/a Timber Masters Enterprises v Muringe (Tribunal Case E783 of 2022) [2023] KEBPRT 1338 (KLR) (24 February 2023) (Ruling)
✦ The Tenant is entitled to the orders sought in his application and the application is allowed.
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Kimilu v Huria Management Company Limited & another; Mofa Security Services Limited (Interested Party) (Tribunal Case E735 of 2022) [2023] KEBPRT 76 (KLR) (Civ) (24 February 2023) (Ruling)
✦ The Tribunal finds that the tenant has not sufficiently disclosed a reasonable cause of action against the respondents and upholds the 2nd Respondent's Application to strike out the tenant's suit.
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Onditi v Ochola (Tribunal Case E030 of 2022) [2023] KEBPRT 84 (KLR) (Civ) (21 February 2023) (Ruling)
✦ The Tribunal's jurisdiction to punish for contempt of court is lacking due to the absence of a landlord and tenant relationship.
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Okemwa v Bagha & another (Tribunal Case E231 of 2022) [2023] KEBPRT 79 (KLR) (17 February 2023) (Ruling)
✦ The application is dismissed. The interim orders given on November 11, 2022 are hereby discharged/vacated forthwith. The landlords' costs are assessed at Kshs 25,000/- against the tenant.
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Njau v Wamae (Tribunal Case E732 of 2021) [2023] KEBPRT 31 (KLR) (Civ) (17 February 2023) (Ruling)
✦ The tenant's application and complaint are dismissed, and the landlord's application is allowed. The tenant is ordered to vacate the premises and pay Kshs.50,000 in costs.
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Wambui & another v Njambi & another (Tribunal Case E902 of 2022) [2023] KEBPRT 192 (KLR) (17 February 2023) (Ruling)
✦ The Tribunal's complaint and applications are dismissed for want of jurisdiction. The tenants are ordered to pay Kshs 25,000 in costs and the interim orders are vacated.
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Njeri v Waiganjo (Tribunal Case E716 of 2022) [2023] KEBPRT 29 (KLR) (14 February 2023) (Judgment)
✦ The Tribunal has jurisdiction to entertain the tenant's claim for damages.
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Mohamed t/a Septar Solution Limited v Harsha Construction Limited (Tribunal Case E607 of 2022) [2023] KEBPRT 43 (KLR) (Civ) (14 February 2023) (Ruling)
✦ The Tenant is not in rent arrears, but the rent should be assessed by a valuer. The Landlord is not entitled to levy distress for rent without tribunal's leave.
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Carton Experts Limited v Hi-Plast Limited & another (Tribunal Case E855 of 2022) [2023] KEBPRT 39 (KLR) (Civ) (10 February 2023) (Ruling)
✦ The Tribunal dismisses the tenant's application for restraining orders and return of properties, and allows Hi-Plast Limited's application to discharge and set aside the ex-parte orders.
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Karumba v Gathanji Kariuki Traders Limited (Tribunal Case E935 of 2022) [2023] KEBPRT 85 (KLR) (9 February 2023) (Ruling)
✦ The Tribunal dismisses the tenant's application and complaint, and orders the tenant to deliver vacant possession of the premises and pay mesne profits.
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Keli v Mwanza (Tribunal Case E779 of 2022) [2023] KEBPRT 26 (KLR) (6 February 2023) (Ruling)
✦ The Tribunal is not convinced that the tenant has demonstrated enough grounds to support his prayer for an injunction due to the lack of a valid notice of termination.
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Mathu v Mwaura (Tribunal Case E445 of 2022) [2023] KEBPRT 16 (KLR) (Civ) (6 February 2023) (Ruling)
✦ The tribunal cannot determine the matter with finality due to unclear relationship between the parties and the need for a site visit.
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Mwangi & Mwangi (Legal representatives in the Estate of the Late John Mwangi) v Ndungu t/a The Accra Restaurant (Tribunal Case E928 of 2022) [2023] KEBPRT 38 (KLR) (Civ) (3 February 2023) (Ruling)
✦ The Respondent is ordered to pay mesne profits of Kshs.3,600,000/- for the period from September 2021 to the date of the ruling, and to deliver vacant possession of the property.
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Oloo & another v Mwinyi (Tribunal Case E322 of 2022) [2023] KEBPRT 33 (KLR) (2 February 2023) (Ruling)
✦ The Tribunal ordered the stay, review and/or suspension of the enforcement of the ruling dated September 21, 2022.
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Yusuf & another v Haji; Jillo & another (Interested Parties) (Tribunal Case E881 of 2022) [2023] KEBPRT 22 (KLR) (Civ) (2 February 2023) (Ruling)
✦ The Tenants are at liberty to renegotiate new leases with the new owner if the 1st Interested Party is agreeable within 30 days from the date of this ruling. If not, the Tenants' injunction is discharged, and the 1st Interested Party's application is allowed.
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Waniu v Ndwiga (Tribunal Case E127 of 2021) [2023] KEBPRT 17 (KLR) (Civ) (1 February 2023) (Ruling)
✦ The tenant's application is dismissed, and the tenant is ordered to hand over the premises to the landlord within 14 days.
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Weda v Anam & another (Tribunal Case 38 of 2018) [2023] KEBPRT 27 (KLR) (1 February 2023) (Ruling)
✦ The landlord is entitled to the eviction orders, and the tenants must hand over the vacant possession of the premises to the landlord within 30 days.
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Okuthe t/a La Place Restaurant v Kenya Railways Corporation & another (Tribunal Case E428 of 2021) [2023] KEBPRT 42 (KLR) (1 February 2023) (Judgment)
✦ The tribunal awards the tenant damages of Kshs 1,345,400 plus interest from the date of filing the reference within 30 days.
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Ngugi v Munguchi (Tribunal Case E644 of 2022) [2023] KEBPRT 1225 (KLR) (31 January 2023) (Ruling)
✦ The tenant is not entitled to compensation for alleged renovations as the landlord did not give consent. The landlord has demonstrated the reasons for terminating the tenancy.
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Samuel C. Saikwa t/a Hester Gaa Photocopying v Mungai Commercial Agencies & another (Tribunal Case E113 of 2022) [2023] KEBPRT 69 (KLR) (31 January 2023) (Ruling)
✦ The application is merited and the prayers sought in the reference are allowed
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Namuiseyi v Mukoyani (Tribunal Case . E081 of 2021) [2023] KEBPRT 30 (KLR) (Civ) (30 January 2023) (Judgment)
✦ The landlord's notice to terminate the tenancy is approved, and the tenant is ordered to deliver vacant possession and pay rent arrears of Kshs.83,050.