Kenyan case law
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Wangatho v Gachecheh (Tribunal Case 61 of 2020) [2022] KEBPRT 857 (KLR) (Civ) (8 November 2022) (Ruling)
✦ There exists a tenancy relationship between the landlord and the tenant, and the notice to terminate is valid.
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Kipepeo Foundation Limited v Presbyterian Church of East African Nakuru West & 2 others (Tribunal Case E045 of 2022) [2022] KEBPRT 822 (KLR) (Civ) (7 November 2022) (Ruling)
✦ The tenant's Reference and Application dated 1st April 2022 is hereby allowed. The tenant shall keep paying rent at the agreed old rates of Kshs. 160,000 per quarter as and when it falls due. Any arrears on this old rate of Ksh 40,000 P.M is payable within the next 30 days in default landlord at liberty to Distress. The Landlord shall be at liberty to issue a Notice to Increase rent accompanied by a Valuation Report justifying the increase.
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Kuria v Chelule & 2 others (Tribunal Case 120 of 2019) [2022] KEBPRT 874 (KLR) (Civ) (7 November 2022) (Ruling)
✦ The bill of costs is taxed at Kshs 634,000 and a certificate of taxed costs is ordered to be issued to the applicant.
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Maina t/a Aaberdare Instutute of Management v Mathira Coffee Farmer Housing Co-op Society Ltd & another (Tribunal Case E067 of 2021) [2022] KEBPRT 848 (KLR) (7 November 2022) (Ruling)
✦ The tenant's tenancy is frustrated due to the closure of schools during the COVID-19 period. The landlord is granted a 50% waiver of rent for the 11 months the schools were closed, with the tenant required to clear the same in the next 90 days.
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Nguhu v Charles Kariithi t/a Ngwataniro Ya Ngutu Traders (Tribunal Case E104 of 2022) [2022] KEBPRT 821 (KLR) (Civ) (4 November 2022) (Ruling)
✦ The landlord's notice to terminate the tenancy is declared valid.
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Muchiri v Gakuru (Tribunal Case E016 of 2022) [2022] KEBPRT 891 (KLR) (Civ) (4 November 2022) (Ruling)
✦ The landlord's notice to terminate the tenancy is approved, and the tenant is ordered to vacate the premises. The landlord is entitled to Kshs 125,500/- in rent arrears as of October 31, 2022.
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Interstate Trade Company Limited v Registered Trustees of Catholic Archdiocese of Mombasa (Tribunal Case E093 of 2021) [2022] KEBPRT 819 (KLR) (Civ) (4 November 2022) (Ruling)
✦ The tenant’s renovation expenses are capped at Kshs 1,200,000.00, and the tenant is required to pay Kshs 700,000.00 in rent arrears and Kshs 100,000.00 in forward rent.
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Ngugi v Munguchi (Tribunal Case E644 of 2022) [2022] KEBPRT 1091 (KLR) (3 November 2022) (Ruling)
✦ The tenant is entitled to the prayers sought in his application dated 15.7.2022.
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Sigilai t/a Miles Filing Station v Too (Tribunal Case E051 of 2022) [2022] KEBPRT 811 (KLR) (Civ) (3 November 2022) (Ruling)
✦ The preliminary objection is dismissed, and the matter proceeds to hearing on the merits.
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Mamboleo v Kangethe (Tribunal Case E740 of 2021) [2022] KEBPRT 806 (KLR) (Civ) (2 November 2022) (Judgment)
✦ The tenancy notice is upheld, and the tenant is ordered to vacate the premises and pay costs to the landlord.
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Thuo v Ndungu (Tribunal Case 16 of 2019) [2022] KEBPRT 834 (KLR) (2 November 2022) (Judgment)
✦ The landlord's notice to terminate tenancy is declared to be of no effect and is dismissed with costs.
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Kemunto v Wamola (Tribunal Case E614 of 2022) [2022] KEBPRT 815 (KLR) (Civ) (2 November 2022) (Ruling)
✦ The application is dismissed, and the tenant is allowed to collect her goods and the deposit is used for repairs.
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African Inland Tudor v Pwani Breeze Ltd (Tribunal Case 123 of 2022) [2022] KEBPRT 812 (KLR) (1 November 2022) (Ruling)
✦ The landlord is entitled to the reliefs sought in the application dated May 12, 2022.
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Gichimu v Kinyanjui (Tribunal Case E023 of 2022) [2022] KEBPRT 810 (KLR) (Civ) (1 November 2022) (Ruling)
✦ The applicant's application is granted, and the orders of June 21, 2022 are set aside.
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Wangondu v Oloo & 3 others (Tribunal Case E539 of 2022) [2022] KEBPRT 809 (KLR) (31 October 2022) (Ruling)
✦ There exists a landlord/tenant relationship between the applicant and the 1st Respondent, and the 1st Respondent is ordered to pay rent arrears and clear outstanding rent.
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Kiringa v Muli & another (Tribunal Case E534 of 2022) [2022] KEBPRT 813 (KLR) (Civ) (31 October 2022) (Ruling)
✦ The landlord is prohibited from evicting or interfering with the tenant's occupation and use of the business premises without adhering to the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
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Warui v Kanini & another (Tribunal Case E652 of 2021) [2022] KEBPRT 795 (KLR) (Civ) (28 October 2022) (Ruling)
✦ The interim orders given herein on November 5, 2021 are hereby discharged/set aside. The respondent’s costs are assessed at Kshs 30,000/- all inclusive.
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Koroga v Sufra Garden Restaurant Limited (Tribunal Case E437 of 2022) [2022] KEBPRT 802 (KLR) (Civ) (28 October 2022) (Ruling)
✦ The tenant's reference is dismissed with costs, and the landlord is entitled to the agreed rent and service charge.
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Patos Trading Company Limited v Light International School (Tribunal Case 945 of 2020) [2022] KEBPRT 799 (KLR) (Civ) (26 October 2022) (Ruling)
✦ The tenant's application is improperly before the Tribunal and is hereby struck out.
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Said & another v Timiro (Tribunal Case E118 of 2021) [2022] KEBPRT 884 (KLR) (Civ) (18 October 2022) (Ruling)
✦ The tenancy was terminated effective October 1, 2021, and the landlords are entitled to possession of the premises. The tenant is ordered to pay kshs.30,000/- as costs to the landlords.
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Githae v Prestige Management Valuers Ltd & 3 others (Tribunal Case E618 of 2022) [2022] KEBPRT 823 (KLR) (14 October 2022) (Ruling)
✦ The landlord's preliminary objection is dismissed.
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Flavours Toast Ltd v Hydromatics Limited (Tribunal Case E429 of 2021) [2022] KEBPRT 808 (KLR) (Civ) (13 October 2022) (Ruling)
✦ The tribunal taxes the tenant’s bill dated April 26, 2022 at Kshs 67,708.00 and orders the tenant to pay the costs within 30 days from the date of being served with a certified copy of the order.
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Daycan Trading Ltd v National Social Security Fund (Tribunal Case E099 of 2022) [2022] KEBPRT 824 (KLR) (12 October 2022) (Ruling)
✦ The tribunal finds no tenancy relationship and upholds the landlord's preliminary point of law.
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Mativo v Nyeri Plot Owners Limited & another (Tribunal Case 52 'B' of 2018) [2022] KEBPRT 817 (KLR) (11 October 2022) (Judgment)
✦ The notice of termination was illegal and defective.
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Salat v Bare (Tribunal Case 72 of 2019) [2022] KEBPRT 805 (KLR) (11 October 2022) (Judgment)
✦ The Landlord’s reference is hereby allowed for what it’s worth.