Kenyan case law
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Betty Wairimu Mbugua v S.K. Tims Business Centre [2022] KEBPRT 81 (KLR)
✦ Tenant's application for restraining orders is allowed, landlord's application for review and setting aside of orders is dismissed
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Registered Trustees of Christ Co-Workers Fellowship v Kenya Railways Staff Retirement Benefits Scheme & another [2022] KEBPRT 48 (KLR)
✦ Each party shall meet their own costs of the application dated 8th March 2017 and the preliminary objection filed thereon.
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Dagoretti Computer Centre Limited v Kabizz Enterprise Limited & another [2022] KEBPRT 106 (KLR)
✦ The tenant's application is dismissed as the landlord is not a party to the suit and there is no landlord/tenant relationship.
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Benard Mutua Kiema v Berita Mulwa [2022] KEBPRT 111 (KLR)
✦ Rent is Kshs 12,500/- per month unless increased in the manner prescribed by law. The Tenant is ordered to keep paying Kshs 12,500/- per month in default, the Landlord to distress for rent arrears. The Tenant to remain in the premises. The Landlord and Tenant to file statements of accounts within 30 days and fix the reference for hearing within 90 days.
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Benard Mutua Kiema v Berita Mulwa [2022] KEBPRT 90 (KLR)
✦ Rent is Kshs 12,500/- per month unless increased in the manner prescribed by law. The Tenant is ordered to keep paying Kshs 12,500/- per month in default, the Landlord to distress for rent arrears. The Tenant to remain in the premises.
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John Kamau Wambui v Wilfred Njoka Gateri [2022] KEBPRT 126 (KLR)
✦ The Tenant is in breach of the tenancy agreement and must vacate the premises by January 30, 2022.
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Beatrice Monyani Elam v Rukia Tristar Properties Ltd & another [2022] KEBPRT 63 (KLR)
✦ The application has no merits and is dismissed with costs to the respondents.
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Catherine Zawadi v John Masinjila Asila [2022] KEBPRT 115 (KLR)
✦ The notice was valid, and the Tenant is ordered to pay rent arrears and grant vacant possession within 6 months.
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Jedidah Wangu Fredrick v Jane Nyaguthii Muriuki [2022] KEBPRT 108 (KLR)
✦ Application for review of ex-parte judgment and orders is dismissed with costs.
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Daniel Njogu Mwago v Peter K Tiyo [2022] KEBPRT 107 (KLR)
✦ The tenancy notice and agreement are dismissed and nullified, and the tenant is awarded Kshs.50,000 in costs.
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Maclaod Ago Ombima v Apollo Ambutsi Shikanga & another [2022] KEBPRT 97 (KLR)
✦ The Tribunal's jurisdiction ceases after eviction, and the compensation sought arises from the execution of the eviction order.
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Christopher Lebo v Sirgoi Holdings Ltd [2022] KEBPRT 113 (KLR)
✦ The application to set aside ex-parte orders is granted. The suit is not struck out as it challenges the notice issued after the finalization of BPRT case No 89/2019. The status quo is maintained, and parties are ordered to file pleadings within 21 days.
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Bashida Rajabali Ganijee v Associated Gasket Manufacturers Limited [2022] KEBPRT 130 (KLR)
✦ The Tenant is in rent arrears of Kshs 607,500/- and the Landlord is entitled to levy for distress for the recovery of the said arrears.
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Mobil Energy Limited v Greenspan Mall Limited [2022] KEBPRT 131 (KLR)
✦ The Tribunal's jurisdiction is upheld, and the Tenant's reference and application are dismissed.
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Modesta Akala v Reuben Kioko t/a Kioko Enterprises [2022] KEBPRT 117 (KLR)
✦ The tenant's application is dismissed with no orders as to costs due to lack of jurisdiction and irregularity in the reference.
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Nageye Mohamud Dahir v Recho Nabucha Wafula & another [2022] KEBPRT 125 (KLR)
✦ The Tenant's claim must fail due to lack of acceptance and capacity. The Landlord's application to set aside the orders obtained by the Tenant is granted.
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Lilian Wambui Waigwa v Judy Jepchirchir Towett & another [2022] KEBPRT 127 (KLR)
✦ Both applications will be heard and determined together at the same time.
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Patrick Nyamweya Simba v Jerusha Auma Ogwari [2022] KEBPRT 102 (KLR)
✦ The Tribunal lacks jurisdiction to hear the dispute and dismisses the application with costs to the Landlady.
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Celton Enterprises Limited & another v Ravina Agencies Limited [2022] KEBPRT 112 (KLR)
✦ The Tribunal dismisses the Tenant's notice of preliminary objection and extends the interim orders.
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James Nganga Mwangi v Ian Kaniu Ndichu & 2 others [2022] KEBPRT 122 (KLR)
✦ The Tribunal dismisses the landlord's application and orders, finding no landlord-tenant relationship and the sub-lease agreement to be illegal.
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Refrigeration Components Limited v East African Cutural Trust and Afropress Limited [2022] KEBPRT 128 (KLR)
✦ The Landlord is at liberty to increase rent from Kshs 150,000/- to Kshs 385,000/- effective from 1st January 2022. Failure to pay the said rent, the Landlord can proceed and distress without further reference to this Tribunal.
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Joseph Macharia Mwangi v Alfred Ndungu Mwaniki [2022] KEBPRT 129 (KLR)
✦ The Tribunal ordered the Landlord to provide free access to the premises and the Tenant to keep paying rent as and when it falls due.
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Alfonce Bwire v Gabriel Otuchi [2021] KEBPRT 77 (KLR)
✦ The landlord's notice to terminate tenancy is upheld, and the tenant is ordered to vacate the premises by January 31, 2022, with costs assessed against the tenant.
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Reuben Simiyu Samuel v Joseph Maero Oyula; Abdul Kadir Adan(Sub-Tenant/Interested Party) [2021] KEBPRT 36 (KLR)
✦ The application is dismissed with costs to the tenant.
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Ndungu Kangethe Kinyanjui v Harrison Omondi Oyugi [2021] KEBPRT 45 (KLR)
✦ The landlord's termination notice is upheld, and the tenant must vacate the premises.