Kenyan case law
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Joel Kibe t/a Bekira Enterprises Ltd & another v Jeremiah Kongo t/a Kongo Kihara Foundation (Tribunal Case E211 of 2022) [2022] KEBPRT 887 (KLR) (Civ) (28 December 2022) (Ruling)
✦ The landlord's notice to terminate the tenancy is dismissed, and the landlord is restrained from interfering with the tenant's quiet enjoyment and use of the premises.
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Jimkara Autospares Ltd v Capacity Outsourcing (K) Ltd (Tribunal Case E893 of 2022) [2022] KEBPRT 888 (KLR) (Civ) (28 December 2022) (Ruling)
✦ The landlord's costs are assessed at Kshs 20,000/- all inclusive
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Muchemi & 3 others v Kirori (Tribunal Case E012, E013, E014 & E015 of 2022 (Consolidated)) [2022] KEBPRT 886 (KLR) (Civ) (22 December 2022) (Ruling)
✦ The Tribunal found the Notice to be valid as it complied with the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
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Ndungu v Wanjohi (Tribunal Case E077 of 2022) [2022] KEBPRT 866 (KLR) (Civ) (22 December 2022) (Ruling)
✦ Tenant's reference and motion application are dismissed. Landlord is allowed to issue a fresh termination notice.
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Kiburu & 6 others v Mepukori (Tribunal Case 317, 446, E332, E333 & E334 of 2021 (Consolidated)) [2022] KEBPRT 871 (KLR) (Civ) (22 December 2022) (Judgment)
✦ The tribunal's orders concerning rent valuation are not vacated, but the 1st tenant's reference dated July 19, 2021 is allowed.
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Fla Fashion Trading Company Limited v Kandie & another (Tribunal Case 097 of 2020) [2022] KEBPRT 906 (KLR) (22 December 2022) (Ruling)
✦ Both the Reference and application are dismissed with no order made.
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Mire v Tawakal Money Transfer Ltd & 56 others (Tribunal Case E936 of 2022) [2022] KEBPRT 867 (KLR) (20 December 2022) (Ruling)
✦ The landlord's notice to terminate the tenancy was valid, and the tenant is required to grant vacant possession of the premises.
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Timewise Solutions Limited v Afya Investment Co-operative Society Limited & another (Tribunal Case 904 of 2018) [2022] KEBPRT 1083 (KLR) (20 December 2022) (Ruling)
✦ The Landlord is entitled to the costs of the proceedings as it demonstrated compliance with court orders and engaged counsel to defend itself.
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Muiruri v Sospeter (Tribunal Case E007 of 2022) [2022] KEBPRT 864 (KLR) (Civ) (20 December 2022) (Ruling)
✦ The tenant has the obligation to prove that they were kicked out of the premises. The tenant has shown evidence that the landlord was instructed to reconnect electricity and water. The landlord has not provided evidence to dispute the tenant's claims.
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Samuel Kibandi aka Jacksam v Wambui & 2 others (Tribunal Case E498 of 2022) [2022] KEBPRT 868 (KLR) (Civ) (20 December 2022) (Ruling)
✦ The tribunal has jurisdiction to hear the dispute and the tenant is entitled to a reimbursement of Kshs 20,000 for renovations.
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Alduchira Investment Company Ltd v Borabu Trading Company Ltd (Tribunal Case E041 & E028 of 2022 (Consolidated)) [2022] KEBPRT 870 (KLR) (Commercial and Tax) (20 December 2022) (Ruling)
✦ The notice issued by the landlord dated May 20, 2022 is hereby declared valid.
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Premji t/a Pramukh Supplies & 2 others (t/a Shreeji Ceramics) v Maroo (Tribunal Case 399 & 400 of 2015 (Consolidated)) [2022] KEBPRT 865 (KLR) (Civ) (20 December 2022) (Ruling)
✦ The tribunal dismisses the landlord's Notice of Preliminary Objection and allows the tenants' application, adjusting the rent and other terms of the lease.
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Tailor v Dhingra (Tribunal Case E40 & E046 of 2022 (Consolidated)) [2022] KEBPRT 869 (KLR) (20 December 2022) (Ruling)
✦ The Tribunal dismissed the Landlord’s Notice of Preliminary Objection and held that the distress for rent was unlawful. The Tribunal also dismissed the Tenant’s reference and notice of motion application due to the Tenant’s eviction.
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Kungu v Gathoni (Tribunal Case E127 of 2022) [2022] KEBPRT 878 (KLR) (Civ) (16 December 2022) (Ruling)
✦ The landlord's application and complaint are dismissed with costs to the tenant.
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M Dalmar Trading Company Ltd v Gakibe (Tribunal Case E734 of 2022) [2022] KEBPRT 879 (KLR) (Civ) (16 December 2022) (Ruling)
✦ Tribunal has no jurisdiction to entertain tenant's dispute or grant the reliefs sought in the reference and application dated August 17, 2022. Landlord's application dated August 26, 2022 is allowed and interim orders are discharged and/or set aside.
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Jillani v Kenya Police Service (Tribunal Case E235 of 2022) [2022] KEBPRT 1085 (KLR) (15 December 2022) (Ruling)
✦ The Respondent’s preliminary objection is hereby dismissed with costs to the Applicant/Tenant.
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Charles Munyua Ndungu t/a Jusomus Agencies Limited v Mwangi & another (Tribunal Case E528 of 2022) [2022] KEBPRT 849 (KLR) (Civ) (14 December 2022) (Ruling)
✦ The tenant's application is allowed, and the landlord and his agents are restrained from interfering with the tenant's quiet and peaceful occupation of the premises.
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Wanjiru v Rakwa (Tribunal Case E077 of 2022) [2022] KEBPRT 881 (KLR) (Civ) (14 December 2022) (Ruling)
✦ The landlord's notice to vacate dated April 4, 2022 is hereby declared invalid and of no legal effect. The tenant is granted an injunction against the landlord from eviction, harassment, intimidation and interference with her peaceful occupation of the suit premises. The landlord is granted leave to issue a proper notice upon the tenant under Cap. 301, Laws of Kenya. The tenant is awarded costs of the case assessed at Kshs.25,000/- to be offset against the rent account.
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Caroline Kipruto t/a Sajjy Socy Agencies v Edward Gayi t/a Joventers Energy (Tribunal Case E864 of 2022) [2022] KEBPRT 876 (KLR) (Civ) (13 December 2022) (Ruling)
✦ The tenant's application for restraining orders is dismissed, and the landlord's application for stay of execution and setting aside of interim orders is allowed. The interim orders are set aside, and the tenant is ordered to pay rent arrears and future rent to the landlord.
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Kinyozi & another v Stella Nyamu t/a Metroserve Investment Company Ltd & another (Tribunal Case E219 of 2021) [2022] KEBPRT 850 (KLR) (Civ) (13 December 2022) (Ruling)
✦ The tenants' application is dismissed for want of prosecution with costs to the respondents
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Pemu Engineering & Equipment Limited v Kithino Housing Co-op Society Ltd & another (Tribunal Case E527 of 2021) [2022] KEBPRT 880 (KLR) (Civ) (13 December 2022) (Ruling)
✦ The landlord's application is disallowed. The tenant shall pay Kshs 958,000 as rent due after September 30, 2022 to December 31, 2022. The landlord shall pay Kshs 20,000 as costs to the tenant.
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Ndiritu v Munene & another (Tribunal Case E028 of 2022) [2022] KEBPRT 905 (KLR) (Civ) (9 December 2022) (Ruling)
✦ An order of injunction is issued restraining the 2nd respondent from terminating the tenant's business premises.
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Wainaina v Kariuki (Tribunal Case E443 of 2022) [2022] KEBPRT 852 (KLR) (Civ) (29 November 2022) (Ruling)
✦ The tribunal sets aside previous directions and orders, closing the file with no further orders and no costs awarded.
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Wakaimba v Thuku (Tribunal Case E059 of 2022) [2022] KEBPRT 847 (KLR) (Civ) (22 November 2022) (Ruling)
✦ The notice issued by the landlord is declared valid.
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Kithela v Salim (Tribunal Case E255 of 2022) [2022] KEBPRT 843 (KLR) (21 November 2022) (Ruling)
✦ The Tribunal lacks jurisdiction to hear the dispute as the premises are not a controlled tenancy.