Kenyan case law
-
Nancy Njeri Gitau & another v James Muchone Njuga & another [2021] KEBPRT 361 (KLR)
✦ The Tribunal dismisses both the Landlord's and Tenant's references, with each party bearing their own costs.
-
Richard Onyango Juma t/a Golden Chariots Junior School v Joseph Wambua Mwema [2021] KEBPRT 404 (KLR)
✦ The tenancy is a controlled tenancy, and the landlord was entitled to levy distress for rent, but the goods attached are not the tenant's tools of trade.
-
Ali Siro Juma v Erick Okoth [2021] KEBPRT 375 (KLR)
✦ The Landlord's application is allowed in terms of prayers 3, 4, and 5 of the application, but the grant of the said prayers does not amount to eviction orders against the Tenant.
-
Elizabeth Taliki Mulwa v Annah Kinyanjui & 3 others [2021] KEBPRT 391 (KLR)
✦ The rent increase notice is invalid and of no effect. The Landlords are restrained from increasing the rent and are ordered to allow the Tenant unlimited access to her business premises.
-
Maurice Charles Otunga (Suing On Behalf Of Francisca Mukami (Deceased)) t/a Frabem Caterers v Hamisi Athaman Mohamed (Sued As Hamisi c/o Athaman M. Mohamed’s Family) [2021] KEBPRT 355 (KLR)
✦ The Tenant has locus standi to institute the reference on behalf of the deceased tenant. The Tenant is entitled to injunctive orders against the Respondent.
-
Mohamed Mohamed Moalin t/a Gaab Transporter Limited v Sally Oyera Mohamed & another [2021] KEBPRT 397 (KLR)
✦ The application for a prohibitory order is dismissed with costs to the Respondent/Landlord. The interim orders are extended for a limited period of sixty (60) days to enable the Tenant/Applicant to clear the amount in arrears or enter into an acceptable arrangement with the Landlord.
-
Agnes Nyambura Munga t/a Unisex Aero Salo v Convest Holdings Limited [2021] KEBPRT 374 (KLR)
✦ The termination notice is valid and the tenant's applications are dismissed.
-
Aziza Hyder & another v Gami Querries Limited & another [2021] KEBPRT 388 (KLR)
✦ The Landlords' application has no merit due to the lack of evidence of service of the notices and the contradictory nature of the exhibited notices.
-
Johnstone Kibunguchi Walubengo v Rebecca Osimbo Seruya [2021] KEBPRT 329 (KLR)
✦ The Landlord's preliminary objection is allowed, and the reference is dismissed in its entirety with no orders as to costs.
-
Kamamia Murichu t/a Murang’a Institute Of Science And Management v Board Of Trustees Ack Diocese Of Mt. Kenya Central & 2others [2021] KEBPRT 373 (KLR)
✦ The Tribunal ruled in favor of the Tenant, granting them exclusive and quiet possession of the suit property and directing the OCS Murang’a East Police Station to supervise the enforcement of the order.
-
Stephen Wanyee Roki t/a Stevie General Contractors Ltd v Siko Worme [2021] KEBPRT 394 (KLR)
✦ The Tribunal found the closure illegal and ordered the Landlord to re-open the premises and allow the Tenant to inspect and carry away his tools and properties.
-
Mary Mutinda v Masumbuko Women Group; Joslet Namayi & 2 others (Interested Parties) [2021] KEBPRT 402 (KLR)
✦ The termination notice issued by the Landlord is not in the prescribed form and is therefore invalid. The landlord's application is dismissed, and the tenant's reference is spent.
-
Ann Njoki Kiura v Warungu Holdings Limited [2021] KEBPRT 372 (KLR)
✦ The Tribunal has no jurisdiction to hear and determine the dispute, and the orders issued on 17th February 2020 are set aside. The pleadings filed by the Tenant are struck out.
-
Paul Karanja Njeri v Stephen Waweru Njeri [2021] KEBPRT 390 (KLR)
✦ The Tribunal ordered the Tenant/Applicant to clear any rent in arrears and continue paying rent during the hearing and determination of the Reference.
-
M/S at Consulting Limited v Imara Enterprises Limited & another [2021] KEBPRT 399 (KLR)
✦ The Tribunal does not have jurisdiction to entertain the dispute, and the tenancy is not a controlled tenancy.
-
Nimo Sheikh Mohammed v Ewaso Petroleum Ltd [2021] KEBPRT 414 (KLR)
✦ Application for order of vacant possession dismissed with costs
-
David Mukuria Karanja v Samuel Karume Ng’ang’a [2021] KEBPRT 407 (KLR)
✦ The landlord's eviction was not in accordance with the provisions of section 12 of Cap 301, and the tenant's application for a temporary injunction is allowed.
-
Dinesh Jethalal t/a Kipsimatt Stores v Sigor Sot Company Ltd [2021] KEBPRT 405 (KLR)
✦ The notice of termination of tenancy dated 25th September 2019 is set aside as it was not validly executed by the Landlord.
-
Major Stephen Jefwa v Lucy Wanjiru Mburu & another [2021] KEBPRT 384 (KLR)
✦ The tenant's application dated 5th October 2020 is reinstated and the previous order dismissing it is set aside
-
Mada Holdings Limited v Sheikh Zoeb Kacee & another [2021] KEBPRT 413 (KLR)
✦ The application is dismissed with costs to the Respondents.
-
Lawrence Magu & 32 others v Aspen Logistics Limited & 2 others [2021] KEBPRT 416 (KLR)
✦ The Tribunal has no jurisdiction to hear the Reference and the proceedings are therefore struck out with costs.
-
Alice Wangui Kiboi v Ejidiah Wamuhu Wairire [2021] KEBPRT 441 (KLR)
✦ The notice to terminate the tenancy is dismissed, and the Tenant is ordered to find alternative business premises within six months.
-
Samuel Wanjohi Waihenya v Alice Njoki Gakwa & another [2021] KEBPRT 412 (KLR)
✦ The Tenant's claim in NYERI BPRT NO. 50 of 2020 lacks merit and is hereby dismissed with no orders as to costs. The claim in NYERI BPRT NO. 58 OF 2020 succeeds and the notice of termination of tenancy dated 20 th August 2020 is struck out for being invalid, null and void.
-
Brian Henia Mwangi & another v Damaries Wanjiku Waweru [2021] KEBPRT 336 (KLR)
✦ The application is allowed in part, with the Tenant granted permission to use borehole water unconditionally, and the Landlord ordered to connect electricity. A site visit is required to determine the status of the car wash shade.
-
Leo Investment Limited v Samson Oloolmaitan & 3 others [2021] KEBPRT 423 (KLR)
✦ The Tribunal has jurisdiction to entertain and determine the issues raised in the Notice of Motion by the Landlords. The Injunction Orders issued on 26th March 2020 do not lapse by effluxion of time.