Kenyan case law

Ishmael Mulama v Sophia Makokha [2022] KEBPRT 55 (KLR)

✦ The application is dismissed for lack of jurisdiction

Julius Sichenja t/a Modern Busaa Club v Patrick Tamba [2022] KEBPRT 60 (KLR)

✦ The tenant's application is allowed, and the landlord is restrained from interfering with the tenant's business and dealing with subtenants. The tenant is authorized to take out an alcoholic drinks license in his own name. The tenant is relieved from rent payments from April 15, 2021, until he returns to the business premises. The landlord is ordered to pay Kshs.10,000 in costs.

Lasebream International Educational Limited t/a Boomerang International Educational Services v Buraq Investments Limited [2022] KEBPRT 66 (KLR)

✦ The Tenant's application is partially allowed, with the Landlord to prepare a statement of account and offset the deposit, and the Tenant to clear arrears within 30 days.

Judy Muthoni Njoroge v Mary Wanjiru Irungu [2022] KEBPRT 17 (KLR)

✦ The landlord's notice to terminate the tenancy is of no effect.

Peter Muithali v Lucy Kaida [2022] KEBPRT 44 (KLR)

✦ The court holds that the instant proceedings offend the doctrine of res judicata and dismisses the suit.

Pepercrest Company Limited v Peter Macharia Wamutte & Rose Violet Kerigo Murage Trading As Rack Reality [2022] KEBPRT 59 (KLR)

✦ Tenant's application for injunction is dismissed with costs, interim orders are discharged, landlord awarded Kshs.20,000 in costs, and landlord is at liberty to recover outstanding rent.

New Port Limited v Kenya Institute for the Blind [2022] KEBPRT 78 (KLR)

✦ The lease agreement has not expired, and the Landlord's notice for termination was not in compliance with the Act.

Eleven Entertainment Limited v Kewal Singh Flora; Ephraim Murigo (Interested Party) [2022] KEBPRT 99 (KLR)

✦ The Tribunal found that the Landlord-Tenant relationship existed and that the Tribunal had jurisdiction to determine the matter.

Erene Wanjiku t/a Victory Bar and Restaurant v Rose Ndung’u [2022] KEBPRT 64 (KLR)

✦ The Tenant’s reference and application are hereby allowed with the following terms:

Robert Ndemo v Evelyne Ochieng & another [2022] KEBPRT 85 (KLR)

✦ The tenant is entitled to protection from illegal eviction and the landlord is restrained from interfering with the tenant's quiet occupation and possession of the premises.

Peninah Musyoka & another v Christopher Kyalo & another [2022] KEBPRT 50 (KLR)

✦ No other orders will be made regarding the water connection issue as it has already been addressed. The tenants will pursue implementation with Nairobi Water and Sewerage Co. Ltd.

Adah Nyambok t/a Fimoda Fashion v Uganda Property Holdings Ltd [2022] KEBPRT 77 (KLR)

✦ Application dismissed with costs

David Mallieta v Feisal Abdalla Ramadhan [2022] KEBPRT 79 (KLR)

✦ The application is allowed in terms of prayers 2 and 4 thereof. The notice to vacate dated 7th June 2021 is declared defective and of no effect. The issue of the rent in dispute shall go to full hearing under section 12 (4) of Cap. 301, Laws of Kenya.

Donuts World Limited v Verity Management Limited & another [2022] KEBPRT 84 (KLR)

✦ The applicant is non-suited against the Respondents and the instant proceedings are a candidate for dismissal.

Roseanne Wanjiru Mwangi v Hannah Muturi & another [2022] KEBPRT 83 (KLR)

✦ The notice to vacate is invalid and the tenant is entitled to an injunction and costs.

Manut Madut Anei Machot v Grace Wangari Kimani [2022] KEBPRT 98 (KLR)

✦ The notice to terminate tenancy dated 1st July 2021 is hereby declared invalid.

Elizabeth Nthuku t/a Chicken Kool Fries & another v Rank Global Management Limited & another [2022] KEBPRT 94 (KLR)

Close Burn Estate Tenants & another v Nancy Wairimu & 2 others [2022] KEBPRT 95 (KLR)

✦ The Tribunal orders the Respondents to refrain from interfering with the suit property until the court pronounces itself in Succession Cause No. E957 OF 2020 and issues the grant of letters of administration.

Dusman Investment Co. Limited v United Systems Intergrators EA Africa Limited [2022] KEBPRT 75 (KLR)

✦ The Tribunal has no jurisdiction to issue the orders sought by the landlord.

Samuel Kahururu & 5 others v Hydromasters Drilling Company Ltd & another [2022] KEBPRT 65 (KLR)

✦ The Tribunal lacks jurisdiction to hear and determine the suit due to the tenancies not being controlled tenancies.

Richard Mungai Kagiri v Magdaline Ngoiri Wakaria [2022] KEBPRT 80 (KLR)

✦ Tenant's application for further protection by injunction is denied due to the expiration of the one-year grace period. The termination notice is upheld, and the tenant is ordered to vacate the premises within 30 days.

Leah Wanjiru Munene v Rims Supplies Co Ltd [2022] KEBPRT 74 (KLR)

✦ The Landlady/Applicant's application is dismissed with costs to the Tenant

Lucy Wanjiku Kinyanjui v Wilson Nguyo [2022] KEBPRT 69 (KLR)

✦ The Tribunal lacks the requisite jurisdiction to hear the case as the parties' relationship is that of a licensee/licensor and governed by the licence agreement.

Ahmed Sirjat Noor v Hbm Power & Technology Ltd [2022] KEBPRT 62 (KLR)

✦ The preliminary objection is dismissed with costs, and the matter is fixed for hearing on the merits.

Mary Wanjiku Njuguna v Keziah Njango Kirika [2022] KEBPRT 118 (KLR)

✦ The Tribunal made orders to preserve the current status of the suit premises pending the hearing of the reference.