Kenyan case law
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Daniel Kinyanjui & another v Lawrence Warari [2021] KEBPRT 89 (KLR)
✦ The Tribunal found the landlord's notices to be null and void and not in compliance with Cap. 301, Laws of Kenya, and thus, cannot be the basis for rent increase or termination of tenancy.
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Martin Masya Musango v Materu Wathuta Njauni [2021] KEBPRT 39 (KLR)
✦ The Tenant's application is dismissed with costs to the Landlord.
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Marion Miroyo v Susan Wangodu & 2 others [2021] KEBPRT 37 (KLR)
✦ Tenant is ordered to file a statement of accounts showing rent paid within 21 days, and to continue paying Kshs 10,000 per month
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Benson Sironga v Divinah Momanyi & another [2021] KEBPRT 63 (KLR)
✦ The landlord's application for an eviction order is allowed as the notice to terminate tenancy took effect from October 1, 2021.
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Samuel Wanyoike Igecha & another v James Gitau John & 2 others [2021] KEBPRT 94 (KLR)
✦ The court found that the tenants are entitled to a temporary prohibitory order against the landlords from levying distress, proclaiming, carting away, and attaching their movable property and goods or auctioning the same. The court also granted an injunction against harassment, intimidation, or interference with the business.
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Christine Akinyi Wambogo t/a Bhakita Hostel v June Kathini Muthoka [2021] KEBPRT 49 (KLR)
✦ The application is dismissed with costs
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Maryann Nyaguthii Mathenge v Kassim Mohamed Barre & another [2021] KEBPRT 97 (KLR)
✦ The tenant's application is dismissed, and she is ordered to vacate the premises by December 31, 2021, with specific remedies for non-compliance.
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Brenda Makena Kinyamwo v Gordon Mwatata Mwaringa [2021] KEBPRT 48 (KLR)
✦ The landlord's notice to terminate tenancy is upheld, and the tenant is ordered to vacate the premises by January 31, 2022. The tenant is entitled to compensation for the toilet construction, with a deduction for rent arrears.
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Paul Ng’ang’a Njuguna & another v Patrick Karanja & 3 others [2021] KEBPRT 41 (KLR)
✦ Application dismissed; tenants are not entitled to retraining orders; notice is invalid; landlords are at liberty to issue a proper notice and recover rent.
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Samuel Ndegwa t/a Aberdare Resort v Nickson Muiruri,Lucy Muthoni Ichuga & Nasioki Auctioneers [2021] KEBPRT 34 (KLR)
✦ Application dismissed, ex-parte orders discharged, landlord disentitled to charge Kshs.10,000 per month for extra space, tenant entitled to use lawful means to recover rent
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Paul Muhoro & 5 others v Ann Njeri Mubuga & another [2021] KEBPRT 143 (KLR)
✦ The Applicants are entitled to prayers 5 and 7 of their application, and the application is granted in terms of prayer 5.
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Jane Kiseli v Anderson Kirimi Mbaka [2021] KEBPRT 117 (KLR)
✦ The Tribunal does not have jurisdiction to grant the orders sought by the Applicant due to the termination of the tenancy relationship.
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Antony Maina Mbutua t/a Spear Supermarket v Tabitha Wanjiku & 3 others [2021] KEBPRT 57 (KLR)
✦ The landlord's notices were issued under the provisions of Cap 301 of the Laws of Kenya, and the references filed by the tenants should be determined before eviction applications can be entertained.
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Dish Limited v Michael Osundwa Sakwa t/a Osundwa & Co Advocates Ltd & another [2021] KEBPRT 69 (KLR)
✦ The application is allowed with the rider that prayer d is granted pending the hearing and determination of the reference dated 20th June 2021.
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Esquire Limited v National Fund for the Disabled of Kenya [2021] KEBPRT 58 (KLR)
✦ Application to file valuation report dismissed
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Caren Okore v Bemuda Holdings Limited [2021] KEBPRT 127 (KLR)
✦ The closure of the business premises was unlawful and punitive. The Tenant is not entitled to rent from March 24, 2021 to May 6, 2021. The Tenant's claim for damages for the alleged loss of stock is dismissed.
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Embakasi Ventures Limited & another v Libken Limited [2021] KEBPRT 112 (KLR)
✦ The Tribunal taxes the Tenant's bill at KShs. 108,854/- and orders the Tenant to pay the costs within 30 days.
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Ann Wambui v Julia Wangari Kamau [2021] KEBPRT 80 (KLR)
✦ The status quo shall be maintained, prayers 5 and 6 shall be investigated at the main hearing, and costs shall abide the outcome of the main reference.
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Powen General Contractors Ltd v Pharmacy and Poisons Board [2021] KEBPRT 119 (KLR)
✦ The Tribunal finds that the tenancy is a controlled tenancy and orders the Tenant to pay arrears of rent and service charge, recover possession of the premises, and bear their own costs.
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Isaac Kuria t/a Mishku Communications v Nitin Shah t/a Jaykay Enterprises Ltd & another [2021] KEBPRT 96 (KLR)
✦ Tenant's application dismissed with costs.
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Philip Otiende Adundo v Mary Ohinga Otieno [2021] KEBPRT 109 (KLR)
✦ The Tribunal grants the Tenant's reference and orders the Landlord to pay rent at Kshs. 40,000 per month and forbids eviction, harassment, or interference with the Tenant's business.
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New Solta Ltd v Naivasha Southlake Sacco Ltd [2021] KEBPRT 107 (KLR)
✦ The Tribunal lacks jurisdiction to hear the matter due to the absence of a tenancy relationship between the Applicant and the Respondent.
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Kenya Credit Traders Ltd v Joseph Kipkemoi Chebet [2021] KEBPRT 110 (KLR)
✦ The Tribunal ordered the Landlord to increase the monthly rent to Kshs 70,000 from 1st December 2021 and allowed the Landlord to issue a notice to terminate the tenancy.
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Charles M Taiti t/a Plumbline Hardware v Geramu Investment Limited [2021] KEBPRT 116 (KLR)
✦ The Tenant’s references are hereby dismissed. The Tenant shall grant the Landlord vacant possession of the premises within 30 days, failing which the Landlord is at liberty to reclaim the suit premises through break in with the assistance of Parklands Police.
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Mustafa Abdullahi Omar t/a M Dalmar Trading Company Limited v Jeanette Wanjiru Gatehi & another [2021] KEBPRT 108 (KLR)
✦ The tenant is not in default of rent payment. The landlord is Mary Wambui Gakibe, who has been receiving and depositing the rent. The tenant's request for restraining orders and ex-parte orders is allowed.