Kenyan case law
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Wanjiru v Gathogo & another (Tribunal Case E023 of 2022) [2022] KEBPRT 669 (KLR) (Civ) (2 September 2022) (Ruling)
✦ The tenant's complaint and applications are allowed with costs, and the landlord is restrained from interfering with the tenant's use and occupation of the premises.
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Sarah Wairimu v Westfield Shopping Mall & another (Tribunal Case E019 of 2021) [2022] KEBPRT 670 (KLR) (Civ) (2 September 2022) (Ruling)
✦ The tribunal denies the tenant's application for review of the order directing payment of Kshs 53,000/- as rent arrears.
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Lusweti v Adam & 2 others (Tribunal Case E262 of 2022) [2022] KEBPRT 686 (KLR) (Civ) (30 August 2022) (Ruling)
✦ The tribunal has jurisdiction to hear and determine the matter as the parties have a controlled tenancy under the Landlord and Tenant Act.
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Villa Greens Limited v Creek View Limited (Tribunal Case 654 of 2019 & 234 of 2020 (Consolidated)) [2022] KEBPRT 673 (KLR) (Civ) (26 August 2022) (Judgment)
✦ Tenant's reference is dismissed with costs. Tenancy is terminated, and tenant is ordered to vacate the premises.
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Venus Community School v Florence Njeri (Tribunal Case E637 of 2021) [2022] KEBPRT 695 (KLR) (Civ) (26 August 2022) (Ruling)
✦ The Tribunal has jurisdiction to determine the matter and the lease agreement is valid.
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Kinyua & another v Kararaho & 2 others (Tribunal Case E036 of 2021) [2022] KEBPRT 667 (KLR) (Civ) (25 August 2022) (Ruling)
✦ The interim orders are discharged, and the Respondents' costs are assessed at Kshs.20,000/- against the tenant.
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Olunyenyi v Director, Mfangano Trade Center Ltd & another (Tribunal Case E190 of 2022) [2022] KEBPRT 740 (KLR) (24 August 2022) (Ruling)
✦ The tenant is allowed to move out of the premises unconditionally with his properties and the landlord is not awarded any rent arrears.
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Abulu v Wilson (Tribunal Case E057 of 2022) [2022] KEBPRT 674 (KLR) (24 August 2022) (Ruling)
✦ The landlord is not the tenant and the tenant is entitled to deliver vacant possession of the premises.
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Omar v Kangethe Enterprises Auctioneers & another (Tribunal Case E359 of 2022) [2022] KEBPRT 741 (KLR) (Civ) (22 August 2022) (Ruling)
✦ The landlord is entitled to levy distress for rent against the tenant for recovery of any rent due less a sum of Kshs.60,000/- paid via Mpesa on June 10, 2022.
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Nuni General Trading Company Limited v Chege & 29 others; Ndolo (Interested Party) ((The administrators of the Estate of the Late David Mwau Ndolo) (Tribunal Case 554 of 2020) [2022] KEBPRT 668 (KLR) (Civ) (19 August 2022) (Ruling)
✦ The rent deposit held by the Tribunal shall be released to the beneficiaries of the 1st household of the late David Mwau Ndolo, with the widow entitled to 20% of the total amount.
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Mande v Mbiriri (Tribunal Case E064 of 2021) [2022] KEBPRT 698 (KLR) (Civ) (19 August 2022) (Ruling)
✦ The tenancy notice is upheld, and the tenant is ordered to deliver vacant possession of the premises with immediate effect. The landlord is awarded costs of Kshs. 50,000/-.
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Kihiu v Kangethe (Tribunal Case E034 of 2021) [2022] KEBPRT 662 (KLR) (Civ) (12 August 2022) (Ruling)
✦ The application is dismissed with costs, and the interim orders in favor of the tenant are set aside or discharged.
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Intime Capital Limited v Ndola (Tribunal Case E725 of 2021) [2022] KEBPRT 696 (KLR) (Civ) (11 August 2022) (Ruling)
✦ The tribunal had no jurisdiction to deal with the matter as the suit premises was let out to the tenant for residential purposes. The orders made on February 1, 2022 are hereby set aside for want of jurisdiction.
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Coast Raha Limited v Maka (Tribunal Case E349 of 2022) [2022] KEBPRT 663 (KLR) (Civ) (11 August 2022) (Ruling)
✦ The preliminary objection is upheld, and the entire proceedings are struck out with costs to the respondent.
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Kanyalu v Nyawira & another (Tribunal Case E832 of 2021) [2022] KEBPRT 683 (KLR) (Civ) (8 August 2022) (Ruling)
✦ The notice to terminate tenancy dated December 8, 2021 is invalid and of no legal effect. The landlord and her agents, servants, or any other person claiming under her are restrained from evicting, closing, obstructing, harassing or interfering with the tenant's quiet occupation and use of the suit premises. The tenant is ordered to pay in full all rent in arrears within 30 days, failing which the injunction order shall automatically stand vacated. The landlord is granted leave to issue a proper termination notice under section 4(2) of Cap 301.
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Mutungi (being an Administrator of the Estate of the late Maina Koine) v Macharia; Njiru (Intended Respondent) (Tribunal Case 579 of 2011) [2022] KEBPRT 680 (KLR) (Civ) (29 July 2022) (Ruling)
✦ The court finds that the intended 2nd respondent, Ambrose Njiru, is in occupation of the suit premises and pays rent to the landlord's wife, Hilda Macharia. The court orders the 2nd respondent to disclose the person he pays rent to and provide rent payment accounts. The court also orders the 2nd respondent to pay rent arrears and deposit monthly rent with the tribunal.
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Richard Otinga Anzere t/a Wanjere Workshop v Abdul Mwaserah t/a Ultimate Concept Ltd & another (Tribunal Case 247 of 2020) [2022] KEBPRT 665 (KLR) (29 July 2022) (Judgment)
✦ The tenant is in rent arrears of Kshs 591,000 and the landlord is entitled to use lawful means to recover the same. The tenant is disentitled to the equitable remedy of injunction and the interim orders granted on November 18, 2021 are hereby discharged/set aside. The landlord is entitled to vacant possession of the suit premises and the tenant is liable to be evicted from the premises.
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Kaburu v Kanyiru (Tribunal Case E015 of 2021) [2022] KEBPRT 194 (KLR) (Civ) (26 July 2022) (Judgment)
✦ Tenant's reference is dismissed with costs. Landlord's notice to terminate tenancy is valid. Tenant's occupation of the plot is terminated. Tenant shall pay all rent in arrears and costs to landlord.
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Koki Timber & Allied Togi Investments (K) Ltd & Allied v Mathea & another (Tribunal Case E011 of 2021) [2022] KEBPRT 691 (KLR) (Civ) (25 July 2022) (Ruling)
✦ The tenant's application is dismissed, and the landlord is found to be indebted to the tenant in the sum of Kshs.375,000/-.
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Thikora v Mundia (Tribunal Case E238 of 2021) [2022] KEBPRT 238 (KLR) (Civ) (25 July 2022) (Ruling)
✦ The tenant is not entitled to the reliefs sought in the application dated March 3, 2022, and the application is dismissed with costs of Kshs 10,000/- to the respondent.
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Koki Timber & Allied Togi Investments (K) Ltd v Mathea & another (Tribunal Case E011 of 2021) [2022] KEBPRT 742 (KLR) (Civ) (25 July 2022) (Ruling)
✦ The tenant's application is dismissed, and the landlord is found to be indebted to the tenant in the sum of Kshs 375,000/-.
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Ben Okeyo Owour T/A Bensylin Community Development v Meems Limited (Tribunal Case E17 of 2021) [2022] KEBPRT 242 (KLR) (Crim) (21 July 2022) (Ruling)
✦ The tenant is in arrears of rent and the landlord was within his rights to levy distress. The tenant must pay the outstanding rent arrears within 30 days, and continue to pay the agreed monthly rent as when it falls due.
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Joseph Macharia Makanga v Raphael Muchembe Wangari (Tribunal Case E011 of 2022) [2022] KEBPRT 664 (KLR) (Civ) (20 July 2022) (Ruling)
✦ The tenant is not entitled to take his properties from the suit premises but is liable to pay the rent arrears. The landlord's notice to terminate tenancy dated November 1, 2021 is upheld.
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Njure v Karuki (Tribunal Case E011 of 2022) [2022] KEBPRT 241 (KLR) (Civ) (18 July 2022) (Ruling)
✦ The tenant’s application is allowed, and the landlord shall file and serve an up-to-date statement of account indicating the actual rent arrears due within 7 days. The tenant shall pay all outstanding rent arrears within 21 days and file proof thereof. The reference is compromised under similar terms.
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Sebarinda v Munga Holdings Limited (Tribunal Case E117 of 2021) [2022] KEBPRT 204 (KLR) (18 July 2022) (Ruling)
✦ The application and complaint are dismissed with no orders as to costs