Kenyan case law
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Earnest Ndichu v Veronica Wanjiru Munene [2022] KEBPRT 12 (KLR)
✦ The tribunal has no jurisdiction to hear the dispute and dismisses the application and reference with costs to the respondent.
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Lee Owen Madara t/a First Sunshine Limited v Jacquelyne Sagimo James & 3 others [2022] KEBPRT 25 (KLR)
✦ The application is not incompetent and the notices are declared to be of no legal effect. The applicant is entitled to a quia timet injunction and the notices are declared defective, null, and void.
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Mathew Onyinkwa Osiemo t/a Elbow Bar & Restaurant Nyanturango v Baria Binyanya Atenga [2022] KEBPRT 14 (KLR)
✦ The preliminary objection is dismissed with costs to the tenant.
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Peter Kaburu v Glory Kanyiru [2022] KEBPRT 11 (KLR)
✦ The application is dismissed with costs.
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Sarah Mugo t/a Shilloh Loaf v Charity Kabari Gacheni [2022] KEBPRT 37 (KLR)
✦ The application for an injunction is dismissed with costs to the Landlord
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Nyahururu Women Group v Esther Njeri Waihumbu & another [2022] KEBPRT 18 (KLR)
✦ The Tribunal finds that the Tenant is not subletting the premises and is not causing a nuisance to other tenants.
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Abdullakadir Aden Hassan v Susan Ambetsa [2022] KEBPRT 38 (KLR)
✦ The orders issued on 28th October 2021 are set aside. The Tenant has fourteen days from the date of this ruling to file and serve her reference opposing the notice to terminate her tenancy dated 8th June 2021. The Tenant shall continue paying rent as and when it falls due.
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China Wuyi Company Ltd v Alice Wamaitha Mwangi & Faith Nyambura Gakuha [2022] KEBPRT 33 (KLR)
✦ The Tribunal upholds the validity of the tenancy agreement between the Tenant and the 2nd respondent and restrains the 1st Respondent from interfering with the occupation of the premises.
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Alice Wanjiru Kuria v Samuel Kiplangat Chelule & 2 others [2022] KEBPRT 46 (KLR)
✦ The applicant is satisfied that the relationship between the applicant and the Respondents is that of Landlord/Tenant, and the applicant is entitled to the sum of Kshs.18 million claimed in rent arrears and further accrued rent at the rate of Kshs.120,000 per month.
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Nicholas Nzioka Muinde v Brigit Wanyoike [2022] KEBPRT 43 (KLR)
✦ The application is allowed, and the landlord and her agents are restrained from interfering with the tenant's use and lawful enjoyment of the suit premises. The tenant is ordered to clear rent arrears and current monthly rent within 30 days, and the landlord's notice to vacate is declared null and void.
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Ram Hospital Limited v Ramji Meghji Gudka Limited [2022] KEBPRT 45 (KLR)
✦ The tenant's application is dismissed as the matter is res judicata and res sub judice.
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Williams Hill Strategic Research & Communication Ltd & Africa Policy Institute Ltd v Board of National Hospital Insurance Fund, Crystal Valuers Limited & Peter Gachie t/a Regent Auctioneers (Tribunal Case E596 of 2021) [2022] KEBPRT 49 (KLR) (9 March 2022) (Ruling)
✦ The preliminary objection is upheld, and the reference and application are struck out due to lack of jurisdiction.
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East African Chambers of Commerce, Industry and Agriculture v Tamc Logistics Limited & another [2022] KEBPRT 30 (KLR)
✦ Application dismissed with costs to the 2nd Respondents
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Janet Mutende Kamulu v Antony Pere & 2 others [2022] KEBPRT 39 (KLR)
✦ The Tribunal declines to have the third party joined in the proceedings and orders the reference to be heard on a priority basis.
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Monica Waithera Chege t/a Wakalucy v Acquarium Guest Homes Limited & another [2022] KEBPRT 35 (KLR)
✦ The preliminary objection is dismissed with costs.
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James Mwangi Muturi v Joel Momanyi Mogaka [2022] KEBPRT 20 (KLR)
✦ The tenancy between the parties terminated on November 1, 2021. The landlord's application for eviction and recovery of rent arrears is allowed.
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Joseph Kibor Lelei v Joseph Kinikina; Abraham Kunikina (Interested Party) [2022] KEBPRT 54 (KLR)
✦ The Tribunal ordered a rent inspector to visit the premises, a valuation for rent, and interim rent payment.
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Andrew Biketi Wabuyele v G.H. Tanna & Sons Holding Limited & another [2022] KEBPRT 51 (KLR)
✦ Tribunal's preliminary objection is dismissed. Tenant's application for injunctive relief is granted. Reference is fixed for hearing within 60 days. Rent Inspector will visit the premises in the presence of all parties.
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Purity Violet Nyambura & Robert Njuguna Suing as Personal Representatives of the Estate of Susan Njeri Maina v Francis Munyi Ndiritu [2022] KEBPRT 56 (KLR)
✦ The tenancy relationship has irretrievably broken down, and the Landlord's application is allowed.
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Roy Parcel Services Limited v John Wachira [2022] KEBPRT 42 (KLR)
✦ The court dismisses the preliminary objection and allows the matter to proceed on the merits.
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Ashanti Holdings Ltd t/a Dass Restraurant v PKF Kenya [2022] KEBPRT 71 (KLR)
✦ No Landlord-Tenant relationship exists, Tribunal lacks jurisdiction
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Plural Enterprises Limited v Victor Wambugu [2022] KEBPRT 58 (KLR)
✦ The landlord is entitled to an order for immediate delivery of vacant possession and costs.
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John Baptista Kaguru Gacucu v Wilfred Wambari Nyaga & another [2022] KEBPRT 15 (KLR)
✦ The notice of preliminary objection is dismissed as it does not meet the legal threshold of a preliminary objection.
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Kimmi Housing Co-Operative Society Ltd v Dakwa Agencies [2022] KEBPRT 47 (KLR)
✦ The Tribunal confirms the rent arrears claims and orders the tenant to pay the amounts as stated in the rent account statements. The Tribunal also orders the landlord to institute separate proceedings for validation of the tenancy notices for rent increment.
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Atanasio Ndwiga Njue v Patrick Njiru Kuria [2022] KEBPRT 87 (KLR)
✦ The application is dismissed with costs. There is no landlord/tenant relationship between the parties.