Kenyan case law
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Nganga v Mutai & another (Tribunal Case E003 of 2021) [2022] KEBPRT 225 (KLR) (Civ) (25 June 2022) (Ruling)
✦ The application is allowed with costs to the tenant, and the respondents are ordered to grant access to the premises located in Kaptembwo-Mwariki within Nakuru County.
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Kinyanjui v Inderpal Singh Kular also known as Andy Singh Kular (Tribunal Case E555 of 2021) [2022] KEBPRT 146 (KLR) (Civ) (24 June 2022) (Judgment)
✦ The landlord's notice to terminate tenancy is upheld, and the tenant is ordered to pay rent arrears, deliver vacant possession, and pay costs.
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Salim Ayub Mwalukuku T/A Al-Habib Pharmacy v Salim Somobwana T/A Somobwana Investment (Tribunal Case E034 of 2022) [2022] KEBPRT 231 (KLR) (Civ) (17 June 2022) (Ruling)
✦ The tenant's application is dismissed, and the landlord is entitled to use lawful means to recover all rent in arrears from the tenant.
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Rono v Moi Teaching & Referral Hospital Staff Pension Scheme Scheme (Tribunal Case 28 of 2021) [2022] KEBPRT 140 (KLR) (Civ) (17 June 2022) (Ruling)
✦ The landlord's notice to terminate tenancy is upheld with the effective date changed to October 1, 2022. The tenant is not entitled to compensation for illegal improvements. The tenant and subtenants must vacate the premises by September 30, 2022.
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Nucleaur Investments Limited v Kung’u (Tribunal Case 308 of 2021) [2022] KEBPRT 220 (KLR) (Civ) (17 June 2022) (Ruling)
✦ The application dated March 22, 2022 is allowed in terms of prayers 3 and 4 thereof.
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Gifted Hands School Limited v Mogul & another (Tribunal Case E242 of 2022) [2022] KEBPRT 160 (KLR) (16 June 2022) (Judgment)
✦ The tenant's reference and application dated 15th March 2022 is dismissed with costs under Section 12 (4) of Cap. 301 upon investigation by the Tribunal. The landlord's right to levy distress without leave is hereby upheld under section 3(1) of the Distress for rent Act, Cap. 293 Laws of Kenya.
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Tripple Focus Service Ltd v Norkan Investments Ltd & another (Tribunal Case E250 of 2022) [2022] KEBPRT 661 (KLR) (Civ) (15 June 2022) (Ruling)
✦ The preliminary objection is dismissed, and the case proceeds to hearing.
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Sinohydro Corporation Ltd v 55 Chalbi Drive Springs Ltd & 2 others (Tribunal Case E103 of 2022) [2022] KEBPRT 228 (KLR) (10 June 2022) (Ruling)
✦ The tenant's claim for installation of security systems is not proved, and the 3rd respondent's application is allowed.
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Sitati v Chelekesi (Tribunal Case 43 of 2021) [2022] KEBPRT 176 (KLR) (Civ) (10 June 2022) (Judgment)
✦ The landlord has established a controlled tenancy and the tenant is liable to pay rent and vacate the premises.
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Bunuke v Investments & another (Tribunal Case E023 of 2022) [2022] KEBPRT 132 (KLR) (Civ) (10 June 2022) (Ruling)
✦ The landlord's application is allowed, and the interim injunction is discharged.
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Ngugi v Mathenge (Tribunal Case 29 of 2021) [2022] KEBPRT 174 (KLR) (10 June 2022) (Judgment)
✦ The tenancy notice is dismissed, and the tenant's reference is allowed with costs.
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Mbogo v Oakridge Investment Limited (Tribunal Case 631 of 2020) [2022] KEBPRT 177 (KLR) (Civ) (10 June 2022) (Ruling)
✦ The landlord's tenancy notice is dismissed, and the tenant is awarded Kshs 60,000 in costs.
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Sharrif t/a Mustafa Ration Shop v Ali (Tribunal Case E079 of 2022) [2022] KEBPRT 178 (KLR) (Civ) (10 June 2022) (Ruling)
✦ The notice is invalid due to its late receipt and unauthorized issuance.
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Kimanzi v Ndambuki (Tribunal Case E031 of 2022) [2022] KEBPRT 139 (KLR) (Civ) (10 June 2022) (Ruling)
✦ The application shall be subsumed for hearing together with the main reference in Mombasa BPRT No. E003 of 2022 which is consolidated with this case.
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Kilatya v Nzioka; Nzioka & another (Interested Parties) (Tribunal Case 567 of 2020) [2022] KEBPRT 221 (KLR) (Civ) (10 June 2022) (Ruling)
✦ The complaint shall proceed by way of viva voce evidence, the status quo shall be maintained, and the costs of the application shall abide the outcome of the main reference.
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Swift Current Enteprises Ltd v Njoroge & another (Tribunal Case E704 of 2021) [2022] KEBPRT 227 (KLR) (Civ) (10 June 2022) (Ruling)
✦ Tenant's application for interim injunction is dismissed, landlord's application is allowed with costs, interim orders are discharged
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Muthoni v Mwathi (Tribunal Case E006 of 2021) [2022] KEBPRT 187 (KLR) (Civ) (31 May 2022) (Ruling)
✦ The respondent's termination notice is upheld, and the applicant is ordered to vacate the premises by May 31, 2022, and pay Kshs.40,000 in mesne profits and Kshs.10,000 in costs.
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Mwangi v Waciru Commercial & Property Agencies (Tribunal Case 34 of 2021) [2022] KEBPRT 3 (KLR) (27 May 2022) (Ruling)
✦ The tenant is ordered to pay Kshs.470,000/- in rent arrears to the landlord, and the landlord is awarded Kshs.30,000/- in costs.
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Matu v Karuri (Tribunal Case E178 of 2021) [2022] KEBPRT 219 (KLR) (Civ) (27 May 2022) (Ruling)
✦ The application is dismissed in respect of prayer 1 and allowed in respect of prayers 2 & 4. Prayer 3 shall await a second visit by the Rent Inspector.
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Nkirote v Kiunga (Tribunal Case E003 of 2022) [2022] KEBPRT 250 (KLR) (Civ) (27 May 2022) (Ruling)
✦ The interim orders are discharged, and the landlord is entitled to use legal means to recover rent arrears and is awarded costs.
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Stella Kathure v Peter Kiunga (Tribunal Case E004 of 2022) [2022] KEBPRT 249 (KLR) (27 May 2022) (Ruling)
✦ The ruling from Meru BPRT No. 003 of 2022 shall apply to this case.
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Kimani & 2 others v Njenga (Tribunal Case E011 of 2021) [2022] KEBPRT 222 (KLR) (Civ) (27 May 2022) (Ruling)
✦ The interim orders given on December 3, 2021 and December 7, 2021 are hereby discharged/vacated forthwith. The landlord is awarded Kshs 20,000/- towards costs against the tenants.
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The Kenya Institute of Management v Ng’ang’a (Tribunal Case 161 of 2022) [2022] KEBPRT 5 (KLR) (Civ) (27 May 2022) (Ruling)
✦ The Tribunal has no jurisdiction to adjudicate over the dispute as the tenancy does not fall under section 2(1) of Cap. 301, Laws of Kenya.
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Wairimu v Westfield Shopping Mall Ltd; Olive Joycare (Interested Party) (Tribunal Case E019 of 2021) [2022] KEBPRT 190 (KLR) (Civ) (27 May 2022) (Ruling)
✦ Tenant allowed to vacate the premises upon payment of Kshs.53,000 in rent arrears and restoration of the premises to its condition at the time of taking possession.
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Waigwa v Towett & another (Tribunal Case E035 of 2021) [2022] KEBPRT 1095 (KLR) (20 May 2022) (Ruling)
✦ Waigwa is entitled to an injunction against the 2nd Respondents and the 1st Respondent must deposit rent into the Tribunal account