Kenyan case law
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Antony Mageria t/a Kahuthu and Company Advocates v Prestige Management Valuers Ltd [2021] KEBPRT 424 (KLR)
✦ The tribunal lacks jurisdiction to investigate the complaint and dismisses the tenant's application.
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Kcb Bank Kenya Limited v Lawrence Nguniko Simitu & another [2021] KEBPRT 451 (KLR)
✦ The tribunal grants the landlords' request for stay and discharge of previous orders, denies the tenant's request for an injunction and reassessment of rent, and awards mesne profits to the landlords.
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Mercy Njeri Wainana T/A Kairuthi Green Groceries v Travis (E. A) Limited & another [2021] KEBPRT 450 (KLR)
✦ Tribunal has jurisdiction to deal with the dispute and the landlord's action to instruct auctioneers was illegal.
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Joyce Mumo Kania v Larry Nakudana [2021] KEBPRT 421 (KLR)
✦ The notice to terminate issued on 12th November 2020 is valid and the tenancy ended when the termination came to effect.
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Joseph Wafula Wanyonyi v Gladys Njeri Maina & another [2021] KEBPRT 433 (KLR)
✦ The Tenant is not entitled to the reliefs sought in the Reference and the application. The lease agreement was entered into voluntarily and is binding upon both parties. The Tenant has failed to prove that the rent for the demised premises was at any one time Kshs.25,000.
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Murgiyeny Farmers & Traders Limited v Kennedy Langat Maluche t/a Amalo Bar [2021] KEBPRT 444 (KLR)
✦ The amount due to the Landlord is Kshs.2,150,000/- for the period October 2019-January 2021, and rent continues to accrue at Kshs.150,000/- per month.
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Charles Owuor Rapul Tebo T/A Tebotech Training Institute Ltd v Swafaa Homes,Work-No-Words Auctioneers & Zain Taha 2 others (Tribunal Case 313 of 2019) [2021] KEBPRT 429 (KLR) (18 June 2021) (Ruling)
✦ The court has no jurisdiction to deal with the matter filed by the Tenant and dismisses the application and strikes out the reference with costs to the Respondents.
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Ndungu Kangethe Kinyanjui v Harrison Omondi Oyugi [2021] KEBPRT 446 (KLR)
✦ The application is allowed with costs in the cause.
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Esquire Limited v National Fund for Disabled of Kenya [2021] KEBPRT 432 (KLR)
✦ The rent increase is justified and the Tenant is paying below market rate
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Christine Nkirote Kimbui v Izudom Ali [2021] KEBPRT 442 (KLR)
✦ The Tenant's application for restraining order is allowed, and the Landlord's application for stay and payment of rent arrears is dismissed.
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Leakey Maina Kariuki v Eventide Park Limited [2021] KEBPRT 459 (KLR)
✦ The landlord is ordered to refund Ksh 715,980/= to the tenant, being the deposit paid less the charge for the bounced cheque and broken tank, within 14 days.
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Brand Strategy & Design (EA) Ltd v Royal Importers & Exporters Ltd & 2 others [2021] KEBPRT 437 (KLR)
✦ The Tenant and the 2nd Respondent entered into a Heads of terms agreement subject to lease with effect from 1st October 2018. No evidence of fraud has been adduced to vitiate the said agreement. The Tenant issued a notice of termination of tenancy on 25th January 2019 effective end of February 2019. There is no longer any Landlord/Tenant relationship between the two parties.
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Steve Gitau v Banter Atieno Mwalo [2021] KEBPRT 435 (KLR)
✦ The Tribunal has jurisdiction to hear the case.
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Josephat Kabinga Wagoco v David Chege Mwangi [2021] KEBPRT 436 (KLR)
✦ The landlord's complaint is resolved in his favor, and an order allowing the application for distress is granted.
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Catherine Muthoni Karugia v Kinyua Muriithi [2021] [2021] KEBPRT 445 (KLR)
✦ The application is dismissed with costs to the Landlady/Respondent.
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Jackson Kamau Ndegwa & another v Everlyne Muthamia & another [2021] KEBPRT 458 (KLR)
✦ The court finds that the applicants have not discharged the evidentiary burden of proof for the existence of a contract between the applicants and the landlord, and thus, the applicants are not entitled to the reliefs sought.
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Eli Talib Ali Abdel Cadir Elagab & another v Catherine Njeri Ngunjiri [2021] KEBPRT 428 (KLR)
✦ The Tenant's application is dismissed as the Landlord's right to levy distress for rent is ripe and the Tenant has not established any illegality or irregularity in the proclamation by the Landlord's agents.
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Adan Eden & 4 others v Dominic Ntongai [2021] KEBPRT 430 (KLR)
✦ The application dated 25th March 2020 is the main application and is urgently fixed for mention for directions on a date convenient to the parties
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Mustafa Sharrif Abdalla v Marite Enterprises Ltd [2021] KEBPRT 438 (KLR)
✦ The notice is defective, null and void for all purposes
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Samson Mwicwiri Mutungi v Betty Njeri [2021] KEBPRT 427 (KLR)
✦ The Landlord's notice to terminate the tenancy is found to be illegal and invalid. The Tenant's reference is allowed, and the Landlord's notice is ordered to be of no effect.
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Duncun Ouma Ochanda t/a Key Shift Promotions v Ministry of Water Development Welfare and Sports Association [2021] KEBPRT 460 (KLR)
✦ The tenancy is a controlled tenancy, and the Landlord's notice to terminate was illegal and of no legal effect.
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Mohamed Samir Asgar v Muktagauir Patel [2021] KEBPRT 461 (KLR)
✦ The Landlord’s actions for distress for rent were unlawful due to lack of notice and non-compliance with statutory procedures. The Landlord is not entitled to the orders sought.
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Dinkam Investment v Braia Contractors & Supplies Ltd [2021] KEBPRT 431 (KLR)
✦ The landlord is allowed to break into the suit premises and distress for rent to recover the outstanding rent using a licensed auctioneer.
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Ali Mbarak v Trustees of Shree Mombasa Lohana Mahajan [2021] KEBPRT 475 (KLR)
✦ The Tribunal’s order dismissing the notice of termination is set aside, and the Landlord’s notice is reinstated. The parties are ordered to file independent valuation reports and fix the reference for hearing on merits.
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Esther Mwangi v Thomas Otiende Ogada [2021] KEBPRT 478 (KLR)
✦ The Tenant's application has no merit and is dismissed with costs of Kshs 10,000 to the Landlord/Respondent