Kenyan case law
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Purity Njeri Kinyanjui t/a Pub Derockers v Inderpal Singh & 2 others [2021] KEBPRT 343 (KLR)
✦ The application is granted, and the Tenant is ordered to pay arrears of rent and to deliver vacant possession. Costs are awarded to the Landlords.
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Grace Mwihaki Njoroge v Ann Ngaru Waithaka [2021] KEBPRT 314 (KLR)
✦ The application is granted in terms of prayers 2, 4, and 5, and the Tenant/Applicant is awarded Kshs.15,000/- in costs.
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Samuel Mbogo Mwangi t/a Unity Bar and Restaurant v Risper Wamaitha Gichanga & another [2021] KEBPRT 403 (KLR)
✦ There existed a valid contract between the Tenant and the Landlady, creating a controlled tenancy.
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Florence Muthoni v Jane Nyambura Thuo [2021] KEBPRT 440 (KLR)
✦ The application is dismissed with costs to the respondent
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Francis Muthui Makau v David Musyoka Mbiti [2021] KEBPRT 129 (KLR)
✦ The Tenant's application is dismissed with costs to the Landlord
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Fredrick Manoah v George Muhoro Mathare t/a Midax Petroleum Ltd & 2 others [2021] KEBPRT 376 (KLR)
✦ The Tribunal ordered the Tenant to pay Kshs 180,000 towards rent arrears within 30 days and Kshs 40,000 per month thereafter.
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Golden Cara Investment Limited v Bell Estate Agency Limited [2021] KEBPRT 342 (KLR)
✦ The preliminary objection is upheld, and the application is dismissed.
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Gurmukh Singh v Pardeep Ghatahora [2021] KEBPRT 262 (KLR)
✦ The Applicant's notice of preliminary objection is dismissed with costs to the Respondent.
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Smart Connections E.A Ltd & 2 others v Gieto Holdings Limited [2021] KEBPRT 382 (KLR)
✦ The application for interim injunction is granted, and the application for final injunction is dismissed with costs to the landlord.
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William Njoroge Kubai v Hamilton Ayiera Nyaga [2021] KEBPRT 648 (KLR)
✦ The reference by the Landlord to terminate the tenancy is fixed for hearing.
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Sayed Abdul Satar v Sharrifa Said Abdulrehman & another [2021] KEBPRT 135 (KLR)
✦ The Tribunal has jurisdiction to hear the dispute as the tenancy is a controlled tenancy.
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Florence Wanjiku Muthee & 4 others v Juliah Wanjiru Mwangi [2021] KEBPRT 418 (KLR)
✦ The Tribunal dismissed the application for police assistance.
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Ihururu Investments & Cooperative Society & Charles Munga Kimita t/aMwalimu Agencies Co. Ltd v Joseph Maina [2021] KEBPRT 644 (KLR)
✦ The landlord and agent are allowed to break into the business premises and distrain for the outstanding rent arrears using a licensed auctioneer.
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Tom Oluoch t/a Doorstep Salon v Kenya Conference of Catholic Bishops & another; Adam Kangethe t/a Garam Investements (Auctioneers/Respondent) [2021] KEBPRT 180 (KLR)
✦ The Tribunal lacks jurisdiction over the six-year lease term as it is not a controlled tenancy under the Landlord and Tenant Act.
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General Kiranki v Reigman Consult Ltd; Fostine Mulozy (Interested Party) [2021] KEBPRT 392 (KLR)
✦ The Tribunal has the power to grant temporary injunctions until Parliament enacts legislation limiting its powers.
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Serah Wairimu v Westfield Shopping Mall Ltd & another [2021] KEBPRT 219 (KLR)
✦ The application is allowed in terms of prayers 2 & 3 pending hearing and determination interpartes of the application dated 16th April 2021.
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Woodland Company Ltd v John Fitsgerald Magara [2021] KEBPRT 457 (KLR)
✦ The application is dismissed with costs to the landlord
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Yes Boss Sacco v AFC/ADC Development House [2021] KEBPRT 378 (KLR)
✦ The application is dismissed as the applicant has not proved a tenancy agreement and the respondent has not demanded any rent arrears.
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Tanga Auto (K) Limited & another v Mary Nyokabi Gakuru [2021] KEBPRT 294 (KLR)
✦ The Tribunal lacks jurisdiction to review its judgment delivered on 12th April 2019.
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Hawi and Hera Beauty Salon v Avenue House Limited [2021] KEBPRT 53 (KLR)
✦ The Tribunal has no jurisdiction to hear the case.
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Francis Muthui Makau v David Musyoka Mbiti [2021] KEBPRT 322 (KLR)
✦ The Tenant is ordered to pay the rent arrears of Kshs 120,000/- within 30 days, and the Landlord is allowed to levy distress for non-payment.
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Fatma Ahmed Al Mandry v Rahma Omar [2021] KEBPRT 111 (KLR)
✦ The Court found the notice valid as it was in the prescribed form and the grounds stated were valid under Section 7(1)(f) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
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Gaithuma John Muthoga v George Simon Gikonyo [2021] KEBPRT 643 (KLR)
✦ The application is disallowed with no orders as to costs due to the Tenant's removal from the premises
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Universal Reliance Emporium Limited v Gloria Management [2021] KEBPRT 171 (KLR)
✦ The application is allowed and prayer c of the said application is granted. Further, the applications dated 16th September 2020 and 18th September 2020 are fixed for hearing on a priority basis.
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Hellen Mungathia t/a Mucheke General Agencies v Meru Central Coffee Co-Operative Union Limited [2021] KEBPRT 165 (KLR)
✦ The ruling in Nairobi BPRT No. E171/2021 shall apply to this case as well as the orders made therein.