Kenyan case law
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KMK – Ukuria Investment v Njai Kamau & John Muema Mutuku [2019] KEBPRT 14 (KLR)
✦ The tenant's bill of costs is hereby taxed in the sum of Kshs 158,665.
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Neo Amadiva Limited v Cape Holdings Limited & another [2019] KEBPRT 8 (KLR)
✦ The Tribunal upholds the Landlord's preliminary objection and strikes out the reference and notice of motion.
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Felister Waceke Mwaura v Jackline Muthoni Kangethe (Tribunal Case 22 of 2018) [2019] KEBPRT 4 (KLR) (Judicial Review) (5 July 2019) (Judgment)
✦ The Tribunal shall inspect the premises to confirm if the Tenant is in physical occupation and the Tenant shall provide a copy of the reference filed under section 12(4) of Cap 301.
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Neff Limited v Ramadbhai T Patel & 2 others (As Trustees of the Patel Samaj Mombasa) [2019] KEBPRT 1 (KLR)
✦ The preliminary objection is dismissed, and the reference will be heard in the next session.
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Milkah Billah v Festus Kasuku Achila [2019] KEBPRT 6 (KLR)
✦ The Landlord's notice is allowed, and the Tenant shall vacate the premises by 1st September 2019. The Landlord shall refund the Tenant 50% of the goodwill and the deposit.
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Peter Kaberia Kaumbuthu v Teresia N. Gathuita & 2 others [2019] KEBPRT 2 (KLR)
✦ The Tribunal has no power to punish for contempt of court due to the High Court's declaration of the Contempt of Court Act No. 46/2016 as unconstitutional.
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Elias Muroki & another v Anjuman E. Burhani [2019] KEBPRT 9 (KLR)
✦ The reference shall be heard in the Tribunal next session, and the valuers of the parties shall appear before the Tribunal to give oral evidence.
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John Guchu Njoroge & another v Jotham Njami Mwariri [2016] KEBPRT 1 (KLR)
✦ The orders of the tribunal are set aside and the tenant's reference is reinstated for hearing.
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Francis Magero v Marathon Distributors Limited [2022] KEBPRT 70 (KLR)
✦ The application to terminate the lease is dismissed, and the parties are urged to resume negotiations.
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Umoja Service Station Ltd v Gilbert P O Galana t/a Aafrowide Cbo Health Care [2022] KEBPRT 82 (KLR)
✦ The landlord's application is allowed, and the tenant is ordered to pay Kshs.20,000 in costs and the landlord's distress fees are waived.
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Funscapes Limited v Azalea Holdings Limited & another [2022] KEBPRT 103 (KLR)
✦ The preliminary objection is allowed, and the application and interim orders are struck out with costs to the Respondents.
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Seline Anyango t/a Celly Star Academy v Mary Oketch t/a Gospel Miracle & Healing Power Church & another [2022] KEBPRT 72 (KLR)
✦ The Tribunal dismissed the Tenant's reference and notice of motion application.
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Satya Anand t/a Satya Hotel Limited v Ajit Kumar Baruah (The Executor of the Estate of the Late Malti Devi Bachan Singh) [2022] KEBPRT 67 (KLR)
✦ The reasonable rent for the suit premises is KShs. 15,000.00/- per month.
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Peter Bodo Okal t/a Bodo General Hardware v Wycliffe Nyakundi of Befama House [2022] KEBPRT 73 (KLR)
✦ The notice of termination by the Landlord dated 4th March 2021 is not opposed. The notice of motion is dismissed as the orders of injunction cannot be granted without a valid reference opposing the Landlord's notice to terminate the tenancy.
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The Good Earch Group v Kenya Railways Corporation [2022] KEBPRT 76 (KLR)
✦ The Tribunal lacks jurisdiction to hear the dispute due to the lease agreement not being a controlled tenancy.
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Stephen Jefwa Charo v Lucy Wanjiru Mburu [2022] KEBPRT 34 (KLR)
✦ The Landlord is ordered to reopen the Tenant's business premises immediately and restrain from interfering with the Tenant's tenancy.
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Samuel C. Mwani v Benson Lung’ayia [2022] KEBPRT 27 (KLR)
✦ The ex-parte hearing and orders are upheld. The Tenant is ordered to pay rent arrears, electricity and water bills, and vacate the premises. The Landlord is awarded costs.
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Silas Oluchina v Grace M Luyundi [2022] KEBPRT 109 (KLR)
✦ The tenancy notice is dismissed and the landlord is ordered to pay the tenant's costs of the reference assessed at Kshs.30,000/-.
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Eva Njuguna Mumbi v Tristar Properties Limited & another [2022] KEBPRT 110 (KLR)
✦ The application is allowed, and the applicant shall continue paying Kshs.16,000/- to the Respondents pending hearing and determination of the main reference.
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Peter Macharia Kagiri & 8 others v Florence Ngina Kanyiri & another [2022] KEBPRT 36 (KLR)
✦ The landlord's notice to increase rent is approved in its entirety, and the tenant shall pay rent at the rate of Kshs 32,000 per month with effect from 1st March 2022. The tenant's reference is dismissed with costs to the landlord.
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Wilfred Kamau Ndung’u v Beryl Mate [2022] KEBPRT 100 (KLR)
✦ The Landlord's application is dismissed with the Landlord refunding Kshs. 185,000 to the Tenant and having vacant possession of the premises.
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Mid Africa Logistics Limited v Parkway Investments Ltd & another [2022] KEBPRT 114 (KLR)
✦ The most appropriate date to use for the 50% rebate is October 30, 2021, when the government officially lifted the curfew.
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Vincent Kimani Gitaka t/a 6.2 Lounge v Stankam Agencies & 2 others [2022] KEBPRT 57 (KLR)
✦ Application and reference are dismissed with costs to the Respondents.
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Gerrick (K) Limited v Dakianga Distributors Limited [2022] KEBPRT 52 (KLR)
✦ The Tribunal taxes the Landlord's bill at Kshs. 93,287.70 and orders the Tenant to pay the costs within 30 days.
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Good Earth Group Limited v Modways Investment Limited [2022] KEBPRT 92 (KLR)
✦ The Tribunal's jurisdiction is not disputed, and the Tenant's notice of motion application is dismissed.