Kenyan case law
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Ombogo v Catholic Church (Tribunal Case E007 of 2022) [2022] KEBPRT 133 (KLR) (Civ) (13 May 2022) (Ruling)
✦ A mandatory injunction is granted against the landlord to re-open the tenant's business premises.
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Mohammed & 8 others v Gulf African Bank & another; Normak Company Limited (Interested Party) (Tribunal Case E411 of 2021) [2022] KEBPRT 188 (KLR) (13 May 2022) (Ruling)
✦ The Tribunal's jurisdiction is upheld, and the interim orders are discharged. The landlord is not entitled to the reliefs sought.
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Mutahi v Mureithi (Tribunal Case E001 & E003 of 2021 (Consolidated)) [2022] KEBPRT 206 (KLR) (Civ) (13 May 2022) (Ruling)
✦ The applicant is not entitled to the reliefs sought in the application dated 19th March, 2021.
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Charles Kiplangat t/a Kiplangat & Associates Advocates v Kenya Reinsurance Corporation Ltd (Tribunal Case 78 of 2019) [2022] KEBPRT 251 (KLR) (13 May 2022) (Ruling)
✦ The costs are taxed in favor of the landlord for a total of Kshs 109,280/64
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Kamau v Gachie & 2 others (Tribunal Case E004 of 2021) [2022] KEBPRT 191 (KLR) (11 May 2022) (Ruling)
✦ The application and reference are dismissed with costs.
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Kiandas Limited v Charles Muriungi & 16 Others (Tribunal Case E074 of 2022) [2022] KEBPRT 203 (KLR) (6 May 2022) (Ruling)
✦ The application is allowed, and the landlord is awarded costs and authorized to use lawful means to recover outstanding rent.
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Park African Limited v Agricultural Society of Kenya (Tribunal Case 293 of 2020) [2022] KEBPRT 147 (KLR) (Civ) (5 May 2022) (Ruling)
✦ The application is allowed, and the tenant is ordered to pay the rent of Kshs.1,435,780 by May 11, 2022, with the landlord's right to use legal means to recover the amount if not settled.
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Atieno v Ogaga (Tribunal Case E004 of 2022) [2022] KEBPRT 179 (KLR) (5 May 2022) (Ruling)
✦ A temporary order of injunction is issued restraining the respondent from evicting the applicant/tenant pending the hearing of the reference.
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Mulwa v Kiriko (Tribunal Case E651 of 2021) [2022] KEBPRT 189 (KLR) (Civ) (4 May 2022) (Ruling)
✦ Tenant's application for injunction is allowed, landlord's application for eviction and payment of arrears is dismissed with costs
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Mwangi Gitau t/a Bar & Restaurant v Gakau Kiboci (Tribunal Case E088 of 2021) [2022] KEBPRT 248 (KLR) (4 May 2022) (Ruling)
✦ The tenant's application for injunction is dismissed with costs. The interim injunctive orders are discharged and the landlord is at liberty to use lawful means to recover any outstanding rent against the tenant.
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Enock v Kakamega District Coperative Union (Tribunal Case E33 of 2021) [2022] KEBPRT 175 (KLR) (Civ) (4 May 2022) (Judgment)
✦ The landlord's notice to increase rent is upheld with the rent increased to Kshs24,250 effective October 1, 2021
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Kaaria v Mwangi (Tribunal Case E027 of 2021) [2022] KEBPRT 914 (KLR) (29 April 2022) (Judgment)
✦ The tenancy notice is upheld, and the tenant's tenancy is terminated with immediate effect. The landlord is awarded Kshs.6,450,000/- in rent arrears up to and including 30th April 2022. The tenant is awarded Kshs.1,941,223/- towards improvements. The landlord is authorized to take over possession of the premises with the assistance of the police.
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Restitution Chambers Kenya Limited v Akiba Properties Kenya Limited; Kibathi (Intended Interested Party) (Tribunal Case 90 of 2021) [2022] KEBPRT 202 (KLR) (Civ) (22 April 2022) (Ruling)
✦ The application is dismissed as Kibathi is not an interested party and the applicant lacks legal standing.
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Maxwel Waweru v John Mbuthi [2022] KEBPRT 9 (KLR)
✦ The tenant is entitled to the reliefs sought and the landlord is liable to pay costs.
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Annie Wanjiku Kibeh t/a Aniq Elegance Fashion Trends v Juja City Mall Limited & another (Tribunal Case E640 of 2021) [2022] KEBPRT 208 (KLR) (Civ) (20 April 2022) (Ruling)
✦ The reference and application are hereby marked as withdrawn.
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Bina Wholesalers & 2 others v Baringo United Company Limited (Tribunal Case 173 of 2019) [2022] KEBPRT 1089 (KLR) (20 April 2022) (Ruling)
✦ The application is dismissed with costs to the landlord
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Kiarie v Rono & another (Tribunal Case E011 of 2022) [2022] KEBPRT 207 (KLR) (19 April 2022) (Ruling)
✦ The matter shall be fixed for mention after 30 days to confirm compliance and further directions.
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Polestar Automotive v Aberdare Agro Products Limited (Tribunal Case E862 of 2022) [2022] KEBPRT 1077 (KLR) (18 April 2022) (Ruling)
✦ Tenant pays Kshs.38,836 to landlord after offsetting compensation admitted by landlord
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Asiyo v National Cereals & Produce Board (Tribunal Case E590 of 2021) [2022] KEBPRT 4 (KLR) (15 April 2022) (Judgment)
✦ The tenant is disentitled to the reliefs claimed and the landlord is entitled to exercise the options set out in the tenancy agreement.
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Johnson Githii Karanja v Khateri Mohammed [2022] KEBPRT 23 (KLR)
✦ The Tribunal's orders are set aside, and the matter is directed to be heard on 7th April 2022 as per the earlier directions.
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Camilla Sidongo Mwangi t/aSiddondo Mwangi & Co. Advocates v Afrilog Limited [2022] KEBPRT 10 (KLR)
✦ The tenant is entitled to a refund of Kshs.334,430 for water bills paid on behalf of former tenants, but not for services rendered after vacating the premises.
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Dickson Riri Monjo v Clement Ndungu Kinyanjui [2022] KEBPRT 6 (KLR)
✦ The application is dismissed with costs, and the ex-parte orders are discharged and/or vacated.
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Boniface Mutua Ngui v Christopher Muthama Mathoka & another [2022] KEBPRT 16 (KLR)
✦ The tenancy notice dated 1st July 2021 is invalid and of no legal effect.
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Interstate Trade Company v Registered Trustees of Catholic Archdiocese of Mombasa [2022] KEBPRT 41 (KLR)
✦ The Tribunal upholds the terms of the tenancy agreement between the Tenant and the Respondent to the extent that the Tenant shall recover the costs incurred for renovation of the premises.
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Lisa Werner v Stephen Mboya & 2 others [2022] KEBPRT 8 (KLR)
✦ Tenant's applications are allowed, landlord must serve a proper notice under Cap. 301, Laws of Kenya