Kenyan case law
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Pauline Wachera Njoro v Jael Unitah Nyore & 7 others [2021] KEBPRT 98 (KLR)
✦ The landlord's application for eviction is granted, and the tenants are ordered to vacate the premises by November 30, 2021, with OCS Kayole assisting in maintaining peace.
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Dalcom Kenya Limited v Francis C Maritim & Moran Auctioneers (Tribunal Case E205 of 2021) [2021] KEBPRT 60 (KLR) (25 November 2021) (Ruling)
✦ The Tribunal finds that the Landlord did not require leave or permission from the Tribunal to levy distress for rent, and the Tenant has not demonstrated that the proclamation was illegal.
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John Kiboi Kigweru Kigweru & 2 others v Jane Wanjiku Ngigi [2021] KEBPRT 121 (KLR)
✦ The tenancy is terminated, and the Tenants are ordered to pay any outstanding rent arrears based on the monthly rent of Kshs 50,000/- and costs of Kshs 50,000/-.
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Mitu Mwongela v Philip Samanta [2021] KEBPRT 95 (KLR)
✦ Tenant's application for injunction is allowed, and a temporary injunction is granted to restrain landlord from evicting tenant.
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Paul Thuku Githige v Marjory Nyakiago Kimani [2021] KEBPRT 142 (KLR)
✦ Rent assessed at Kshs.20,000/- per month from 1st February 2021
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Athman Mohamed Sheikh v Joseph Mwangi Wahome [2021] KEBPRT 144 (KLR)
✦ The notice of termination of tenancy dated 29th April 2021 is invalid and shall be of no effect. The instant reference and application is hereby dismissed with costs to the Respondent/Tenant. The Tenant’s costs are assessed at Kshs.25,000/- against the Applicant.
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Mary Wachuka Kibuchi v Marjory Nyakiago Kimani [2021] KEBPRT 141 (KLR)
✦ Tenant's valuation report is accepted, rent increased to Kshs. 26,000 per month
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Benson Kirema Kiruki Marete & another v Union Place Management Limited [2021] KEBPRT 104 (KLR)
✦ Application for restraining orders dismissed, landlord's application for eviction and rent arrears payment granted
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Abdirahaman Siyat Salat v Farah Ali Bare [2021] KEBPRT 146 (KLR)
✦ The court has the power to review or vary its earlier orders, and the Tenant must satisfy one of the conditions under Order 45 Rule 1 of the Civil Procedure Rules to succeed in the application.
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Elizabeth Nyambura & 2 others v Director Kenya African National Union (Kanu) [2021] KEBPRT 139 (KLR)
✦ The landlord is entitled to increase rent and the tenants shall pay monthly rent at the rate of 110/= per sq ft effective 1st December 2021.
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Lucas Odhiambo Ogunya v Nelius Nyambura [2021] KEBPRT 151 (KLR)
✦ The landlord is directed to reopen the door and remove the temporary structure erected in front of the tenant's business premises. The landlord shall not be entitled to any rent in respect of the suit premises from 23/5/2019 until the said structure is removed.
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Robert Gachigo v Chuma Mbili Properties & another [2021] KEBPRT 136 (KLR)
✦ The landlord's notice to terminate the tenancy is invalid and of no effect. The tenant's application to oppose the notice is upheld.
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Moses Mungai Muigai & 20 others v Esther Njeri Kagunda & 4 others; Karen Wanjiku Thumbi & another (Interested Parties) [2021] KEBPRT 149 (KLR)
✦ The tenants are ordered to pay rent on due dates to the new owner, Elijah Mburu Mbugu, and in default, leave is granted for distress of rent arrears accruing from June 1, 2021. The Respondents and Elijah Mburu Mbugu are restrained from distressing for any rent before the sale of the property.
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Derrick James Kimani v Kionga Investments Company & another [2021] KEBPRT 99 (KLR)
✦ Rent is Kshs.60,500 from 1st November 2017
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Billiah Achand & another v Victor Magemebe; John Nyangaresi Magembe (Interested Party) [2021] KEBPRT 148 (KLR)
✦ The Court finds that the Tribunal has jurisdiction and that the Tenants are entitled to the orders sought.
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Ernest Okello v Ezra Imhale & 2 others [2021] KEBPRT 177 (KLR)
✦ The Tribunal finds that Okello is the tenant of Tecla Awinja and not the Respondents, and orders the Respondents to be permanently enjoined from interfering with Okello's quiet possession and use of the premises.
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Janiffer Kang’ethe v Ruth Mwangi [2021] KEBPRT 122 (KLR)
✦ The Tribunal finds the disconnection unreasonable and illegal, and orders the Landlady to reconnect the power supply and make a power meter separation.
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Restitution Chambers Kenya Limited v Akiba Properties Kenya Limited; Scolastica Wambui Kibathi(Intended Interested Party/Respondent) [2021] KEBPRT 100 (KLR)
✦ Preliminary objection is dismissed
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John Peter Kamau Ruhangi v John Ngugi Kabogo t/a Club Sidai Oleng [2021] KEBPRT 113 (KLR)
✦ The application is dismissed, and the tenant is found to have no audience before the Tribunal due to his status as a convicted contemnor. The landlord is ordered to bear the costs of the application.
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Imperio Shepherds Medical Group Limited v Abdiaziz Mohamed Hanshi [2021] KEBPRT 67 (KLR)
✦ The Landlord's notice of preliminary objection is dismissed with costs to the Tenant
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Spiegel Interiors Limited v Muthaiga Road Trust Co. Ltd & another [2021] KEBPRT 134 (KLR)
✦ The Tribunal dismissed all applications and ordered the reference and all applications to be dismissed with costs.
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Dan Kizito v Peter Maingi Muigai [2021] KEBPRT 103 (KLR)
✦ The Tenant is ordered to vacate the suit premises and pay all outstanding rent up to the date of the ruling.
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Josephat Kabinga Wagocho v David Chege Mwangi [2021] KEBPRT 153 (KLR)
✦ The issues raised are res judicata and the application is dismissed with costs.
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Certain Destiny Enterprises v Paul Kimani Kamau [2021] KEBPRT 137 (KLR)
✦ The Landlord's application is dismissed with no order as to costs due to improper service of the court documents.
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Samuel Kanyari & 2 others v Arkland Trading Company (K) Ltd; National Hospital InsuranceFund(Interested Party) [2021] KEBPRT 83 (KLR)
✦ The tenants shall deliver vacant possession of the suit premises by 31 December 2021, and if not, they will be forcibly evicted by a licensed auctioneer. The landlord shall be at liberty to claim mesne profits and the costs of the proceedings will be taxed in the normal matter.