Kenyan case law
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Kenneth Sammy Karisa v Shadrack Kyalo & 4 others [2021] KEBPRT 124 (KLR)
✦ The application to evict the tenants is dismissed due to the defectiveness of the tenancy notice.
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D V Shah & Co Limited v Mombasa Uniforms Limited [2021] KEBPRT 155 (KLR)
✦ The landlord is entitled to the following orders: permission to levy distress for rent, costs of the application, and security from the police station.
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Raphael Mbogo v Oakridge Investment Limited [2021] KEBPRT 126 (KLR)
✦ The application is dismissed with costs.
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Emmanuel Musundi v Samuel Waweru [2021] KEBPRT 140 (KLR)
✦ The tenant's complaint succeeds in its entirety.
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Mary Wambui & another vJogrespa Agencies & and 3 others [2021] KEBPRT 157 (KLR)
✦ The tribunal upheld the tenant's applications and ordered the landlord to prepare a statement of accounts using the reviewed rent of Kshs. 15,000 up to the month of October 2021, and the tenant to offset the arrears within 90 days.
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Kibargoi House Ltd v Benedict Simeon Ondieki Nyatangi t/a Benom Hardware Ltd [2021] KEBPRT 159 (KLR)
✦ The Tribunal finds a tenancy relationship between the parties and reinstates the case for hearing.
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Kenya Co. Registrations v CKA Realtors Limited & another [2021] KEBPRT 147 (KLR)
✦ The Applicant’s Reference and Notice of Motion Applications dated 3rd February 2021, 4th February 2021, 11th February 2021 are hereby dismissed.
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Mohamed Nuur Abdullahi v Al-Sawaw Mohammed Abdulqader A Hassan [2021] KEBPRT 176 (KLR)
✦ The application is granted, and the Tenant/Applicant is granted restraining orders against the Respondent/Landlord to prevent interference with the Tenant's possession of the specified shops. The Tenant/Applicant is also directed to deposit the monthly rent at the Tribunal in the event the Landlord refuses to collect the rent from the Tribunal.
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Diana Maisie Osano Odero t/a Odero & Associates Advocates v National Housing Corportion & Keysian Auctioneers (Tribunal Case 991 of 2020) [2021] KEBPRT 161 (KLR) (29 October 2021) (Ruling)
✦ The tenancy commenced on June 16, 2014, and the tenant's reference and motion application are upheld.
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John Akala Omollo v Harrison Mwangi & another [2021] KEBPRT 167 (KLR)
✦ Application dismissed with costs to Respondents.
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Mwangi Macharia & another v Mohamed Hussein Ahmed & 2 others [2021] KEBPRT 182 (KLR)
✦ The Tribunal has no jurisdiction to hear the case and the application is dismissed with costs.
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Jared Mogeni v Agnes Mutugi Savana Restaurant Gachie [2021] KEBPRT 102 (KLR)
✦ The Tribunal orders the preservation of the suit premises pending the hearing of the complaint.
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Mariam Shennah Omar v Moses Mmata [2021] KEBPRT 51 (KLR)
✦ The tenancy notice is upheld with a variation that the new rent shall be Kshs.6000/- with effect from 1st February 2021.
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Eugene Makokha & another v Fred Okinyi Makamara [2021] KEBPRT 172 (KLR)
✦ The notice to vacate served upon the Tenant was invalid, and the tenancy is no longer a controlled tenancy after the lease agreement expired.
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Joseph Mugenda Kuria v Robinson Njau Kariuki [2021] KEBPRT 179 (KLR)
✦ The Landlord's reference is dismissed with costs to the Tenant
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Emmanuel Ngaruiya Kironji t/a Life Transformation Centre v Teresiah Njeri Kimani & another [2021] KEBPRT 169 (KLR)
✦ The application by the 1st Respondent is dismissed with costs to the Tenant.
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Isaac Njuguna Kariuki v Rehab Muthoni Nderi [2021] KEBPRT 166 (KLR)
✦ The Tenant's application is allowed, and the Landlady is restrained from increasing rent, evicting, intimidating, and interfering with the Tenant's tenancy. The Landlady is also ordered to release detained goods in the sublet rooms.
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Peter Kilonzo v Presbyterian Church of East Africa [2021] KEBPRT 178 (KLR)
✦ The notice to vacate is invalid and the Landlord is ordered to pay the rent arrears within 30 days, with the option to levy distress if unpaid.
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Benson Mbaisi t/a Lunao Enterprises v Meru Central Coffee Co-operative Union Limited [2021] KEBPRT 173 (KLR)
✦ The ruling from Nairobi BPRT E171/2021 shall apply to this case as well as the orders made therein.
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Kizito Jaoko t/a Jakreser Enterprises v Meru Central Coffee Co-Operative Union Limited [2021] KEBPRT 175 (KLR)
✦ The application for a temporary injunction is allowed, and the tenant is ordered to continue paying rent until the main reference is heard and determined.
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Abdalla Mutembei Gisaga v Patricia Kathure Kiruja [2021] KEBPRT 214 (KLR)
✦ The tenant shall pay the landlord the rent arrears of Kshs. 348,000 and the outstanding utility bills within 14 days. In default, the landlord shall be at liberty to levy distress for rent. The landlord shall be awarded the costs of the two applications assessed at Khs. 70,000.
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David Ngugi v Francis W. Kariuki [2021] KEBPRT 196 (KLR)
✦ The Tribunal does not have jurisdiction to hear and determine the matter.
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Robert Wanyonyi Wopicho v Walter Weswa Mulombi [2021] KEBPRT 195 (KLR)
✦ The landlord's application is dismissed due to its defective notice and the tenant's non-payment of rent for six months.
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Reuben M. Kioko v Pietro Cannobio [2021] KEBPRT 212 (KLR)
✦ The extended stay by the tenant culminated into an implied tenancy, thus, a controlled tenancy by dint of section 2 of CAP 301. The periodic tenancy was created and the landlord's one-month notice was within the provision of law.
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Khunaif Trading Co Limited v Total Kenya Limited [2021] KEBPRT 204 (KLR)
✦ The termination notice was valid, and the Tenant's reference was dismissed.