Kenyan case law

Peter Waititu Njau v Edward Kibe Hombe & 2 others [2021] KEBPRT 150 (KLR)

✦ The application is dismissed, and the proclamation notice of attachment dated 13/1/2021 is not declared null and void.

Century Dry Cleaners v Francis Wainaina Mutungi & 3 others [2021] KEBPRT 247 (KLR)

✦ The Tenant's application is dismissed with no merit

Joseph Hilary Mwangi v Jane Wambui Njau [2021] KEBPRT 283 (KLR)

✦ The tenancy is terminated and the Landlord’s application is upheld. The Tenant is ordered to vacate the premises within 60 days, failing which the Landlord can reclaim the premises through break in.

David Ngure Kienjeku v Engroup (K) International Limited [2021] KEBPRT 331 (KLR)

✦ The tenant's application is dismissed with costs to the landlord. The landlord's notice to increase rent is upheld and took effect from 1st March, 2021.

David Mereka t/a Mereka & Co Advocates v Ukulima Co-operative Savings & Credit Society Ltd & another [2021] KEBPRT 302 (KLR)

✦ The Tribunal is not functus officio, and the Applicant has filed a memorandum of appeal. The application for stay of execution is denied.

Jacqueline Lorraine Akello v Kenya Medical Properties Limited (Landlord) & 2 others [2021] KEBPRT 327 (KLR)

✦ The Termination Notice was not valid as the Landlord did not provide the Tenant with a seven-day notice of the breach and proposed redress.

Erotekt Kenya Limited v Mary Adhiambo Okech [2021] KEBPRT 321 (KLR)

✦ The notice to vacate issued by the landlord is dismissed. The landlord shall be at liberty to issue a fresh notice of termination that conforms with the provisions of Cap 301.

Nancy Wanjeri Njoroge v Shaqur -Ul – Haq & another; John Gitau Ngumi (Interested Party) [2021] KEBPRT 337 (KLR)

✦ The landlord's distress for rent was not levied without following due process, and the tenant does not have a prima facie case for an injunction.

Mohammed Muthee v Mumbai Shopping Complex & another [2021] KEBPRT 324 (KLR)

✦ The Tenant’s application and reference are hereby dismissed.

Bconcept Limited v Goldrock Development Limited & 2 others [2021] KEBPRT 326 (KLR)

✦ The Tribunal has no jurisdiction to hear and determine the matter as the tenancy is not a controlled tenancy.

Joseph Ndichu Ngige v Christopher Were Barasa & another [2021] KEBPRT 333 (KLR)

✦ The application for review does not have merit, and the applicant is not granted a stay of execution pending the appeal.

Robert Ayieko Angoi v Lena Sarange [2021] KEBPRT 315 (KLR)

✦ The Tribunal has jurisdiction to assess the Tenant’s damages for loss of tenancy. The Tenant is entitled to two months’ rent in lieu of the Notice of Termination of Tenancy.

George Gicheru Ngatiri v Jane Kanina Kibe [2021] KEBPRT 313 (KLR)

Fredrick Kipngetich Rono v Moi Teaching & Referral Hospital Staff Pension Scheme [2021] KEBPRT 345 (KLR)

✦ The tenant has brought himself within the principles for the grant of a temporary injunction.

Kiambaa Properties Co. Ltd v Kiriiyu Merchants Auctioneer [2021] KEBPRT 293 (KLR)

✦ The tenancy is terminated from 1st April 2021, and the Landlord is granted orders to evict the Tenant.

Nuni General Trading Company Limited v Leonard Chege & 29 others [2021] KEBPRT 344 (KLR)

✦ The applications dated 2nd June 2020 and 26th March 2021 are hereby dismissed with costs.

Peter Njeru Mugo and Co Advocates v Kenya Commercial Bank Limited [2021] KEBPRT 305 (KLR)

✦ The new assessed rent and service charge shall commence from the date of this ruling.

John Wanyange Mwangi v Duncan Nganga Kimotho [2021] KEBPRT 320 (KLR)

✦ Application is allowed in terms of prayers 1, 2, 3, 4, 5 and 6

A O Basid Limited v Value Zone Ltd & Moran Auctioneers [2021] KEBPRT 317 (KLR)

✦ The proclamation of the goods by the Landlord was illegal because the rent claimed is not clear.

Deegisat TV Services Limited v Ess Pee Ess Investment [2021] KEBPRT 334 (KLR)

✦ The application is allowed in terms of prayers 2-8 with no orders as to costs.

Daniel Mumo William v Teresiah Waithira Mugi & another [2021] KEBPRT 341 (KLR)

✦ Application dismissed with costs to the respondent.

Adan Yare Hassan & 7 others v Habiba Ali and Batula Ali t/a Emirates Shopping Mall (K) Ltd [2021] KEBPRT 323 (KLR)

✦ The Tribunal ordered the status quo to be maintained pending a full hearing of the reference.

Daniel Simiyu v David Magu Wambiri [2021] KEBPRT 330 (KLR)

✦ The tenant's reference is dismissed, and the landlord's termination notice is allowed. The tenant must vacate the premises and pay costs to the landlord.

Anne Ondieki v Anne Nyaboke & others;Elijah Nyakundi Moindi [2021] KEBPRT 369 (KLR)

✦ The Tribunal's order dated 19th September 2014 is set aside, and the case is remanded for hearing on merits.

Linet Wamuyu Kariuki v Lawrence Munyari Kariuki [2021] KEBPRT 368 (KLR)

✦ The tenant's application is dismissed with costs to the landlord