Kenyan case law
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William Njoroge Kubai v Hamilton Ayiera Nyaga [2022] KEBPRT 19 (KLR)
✦ The Landlord is entitled to the orders of eviction against the Tenant, and the Tenant is ordered to pay rent arrears of Kshs 38,800/- and be evicted from plot No. 101 Korogocho.
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Taruna Suresh Kumar Shar t/a Dhaval Emporium v Sedco Consultants Limited [2022] KEBPRT 93 (KLR)
✦ The notice to vacate the premises is inappropriate and should be vacated. The agent is prohibited from harassing the tenant and must agree on repairs within 30 days.
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Sompec Oil Company Ltd v Francis Mutua Kiilu [2022] KEBPRT 21 (KLR)
✦ The lease is partially frustrated, and the tenancy converts to a month-to-month tenancy. The tenant will pay rent on or before the 5th of each month.
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Gilbert P.O. Galana t/a Afrowide Cbo Health Centre v Umoja Service Station Ltd [2022] KEBPRT 86 (KLR)
✦ The ex-parte orders issued in favor of the tenant were obtained through concealment of a material fact that he was in collosal rent arrears. The ex-parte orders are hereby vacated and costs awarded to the landlord.
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Sayed Abdul Satar v Sharrifa Said Abdulrehman & another [2022] KEBPRT 31 (KLR)
✦ The Tribunal has jurisdiction to hear and determine the dispute as the tenancy is a controlled tenancy.
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Universal Reliance Emporium Limited v Gloria Management [2022] KEBPRT 32 (KLR)
✦ The Tribunal lacks jurisdiction to hear the dispute and dismisses the Tenant's reference with costs to the Landlord.
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Jane Wangari Mburu & 3 others v Winfred Mworia Thanja [2022] KEBPRT 61 (KLR)
✦ The application to stay proceedings and refer to arbitration is dismissed with costs.
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Geco Car Wash Limited v Northlake Limited [2022] KEBPRT 88 (KLR)
✦ Tenant's application for injunctive relief is dismissed, landlord's application for distress levy is allowed with certain conditions
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Timothy Chege Njunge v Kenya Railways Staff Retirement Benefits Scheme [2022] KEBPRT 96 (KLR)
✦ The Tribunal has jurisdiction to investigate the complaint raised by the Tenant.
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Wellchem Pharmaceuticals Limited & 59 others v Bashir Shukri Salah t/a Gikombaa Business Centre [2022] KEBPRT 68 (KLR)
✦ The court assesses the rent payable at Kshs 300/= per square foot per month for the ground floor shops and Kshs 250/= for the first floor shops, and Kshs 250/= per square foot per month for the basement shops.
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Samuel Kigathi Gachara & another v Joan Njoki Ndungi (Sued as the legal representative of the Estate of James Samuel Gichuru (Deceased) [2022] KEBPRT 101 (KLR)
✦ The application is dismissed with costs, and the rent remains at Kshs 320,000 per month.
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Swaleh Abdun Sulum v Joshua Kalunge Mambao [2022] KEBPRT 13 (KLR)
✦ The Tribunal found that the notice to terminate tenancy was valid and the landlord was entitled to the orders sought.
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Midlands Zero & another v Moriaso Ole Kindi [2022] KEBPRT 124 (KLR)
✦ The Tribunal has jurisdiction to deal with the dispute and orders rent to be reviewed upwards to Kshs 180,000/- per month pending the hearing of the reference.
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Irene Mugo t/a Horizon Academy v Zipporah N Nkonga [2022] KEBPRT 53 (KLR)
✦ The Tribunal dismissed the tenant's reference and application with costs, finding a lack of jurisdiction.
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Rose Gitau Ndungu v Shamim K.M.A Khimji [2022] KEBPRT 105 (KLR)
✦ The bill of costs is taxed at Kshs.27,510/-
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George Ojiambo v Geofrey Mulei C/O Mutune General Agencies Ltd [2022] KEBPRT 40 (KLR)
✦ Tenant is not entitled to the orders sought in his application for injunction. Landlord is entitled to distress for rent due.
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Shelmith Kuria v Catherine Njoki Kibe [2022] KEBPRT 116 (KLR)
✦ The tenant's application dated 15th February 2021 is dismissed with costs to the landlord/respondent.
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Leah Wamaitha Nduati v Hoven Company Limited [2022] KEBPRT 7 (KLR)
✦ The tenancy agreement was for a fixed period of eight years, and the landlord's notice to vacate was valid.
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Evangelical Lutheran Church & 2 others v Sucha Singh [2022] KEBPRT 89 (KLR)
✦ The Tribunal holds that there are no grounds preventing the parties from being joined to the suit, but the same will be an action in futility for the Applicants as there are no active proceedings before the Tribunal.
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Francis Mbuvi v Edward Rombo [2022] KEBPRT 123 (KLR)
✦ The application is dismissed with no orders as to costs. The landlord is ordered to refund the deposit of Kshs 1,500/- and release any goods of the late tenant that he is holding to the alleged next of kin.
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Greatfold Enterprises Limited v Pindo Investments Limited & another [2021] KEBPRT 409 (KLR)
✦ The Tribunal's jurisdiction is limited to controlled tenancies of 5 years or less, and the lease agreement in question exceeds this limit.
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Gigi Motors Limited v Liberdy Motors Limited [2021] KEBPRT 211 (KLR)
✦ The Landlord's application is partially successful, with the Tenant required to clear rent arrears and continue paying rent as it falls due.
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Samuel Mwaniki v Susan Nyambura & another [2021] KEBPRT 360 (KLR)
✦ The Tenant shall continue paying the full rent of Kshs.35,000/- to the Respondents and shall be entitled to collect rent from subtenants brought into the suit premises by him pending the hearing and determination of the complaint.
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Grace Wanjiru Karimoni v Monica Mukuhi Khirrecu & Eunikem Consultants Kenya [2021] KEBPRT 66 (KLR)
✦ The Tribunal grants the Tenant's application for a restraining order, orders the premises to be valued, and declines the request for rent assessment without notice.
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Jack Ogola Ogolla v George Onyango Nyamor [2021] KEBPRT 332 (KLR)
✦ The tenant's notice for rent assessment has no merit, and the landlord's notice of termination is valid.