Kenyan case law
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Two Star Agencies Limited v Roma Wadhwa & another [2021] KEBPRT 114 (KLR)
✦ The tenancy is a controlled tenancy, and the lease agreement does not amount to a valid lease agreement.
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Susan Watheru Kimemia t/a Brimier Star Caterers v Martin Karanja & another [2021] KEBPRT 105 (KLR)
✦ The application is granted, and the tenant is ordered to continue paying rent pending the hearing and determination of the reference.
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Harrison Kyalo Musyimi v Rapahel Kamayu, Chairman Kilome Constituency Development Fund Committee & another [2021] KEBPRT 251 (KLR)
✦ The Tribunal taxes the Tenant's bill at KShs. 73,570 and orders the Landlord to pay the costs within 30 days.
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Joseph Mrema v Olivejoy Care Estate & Property (Ltd) [2021] KEBPRT 356 (KLR)
✦ The Tribunal grants the restraining orders sought by the Tenant/Applicant and awards costs to the Applicant.
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Sheila Wambui v Eliud Mbugua Ndungu [2021] KEBPRT 125 (KLR)
✦ The issues raised in the application dated 29/4/2021 shall be addressed at the full hearing
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Simon Kamande Nedgwa v Rebecca Osimbo Seruya [2021] KEBPRT 319 (KLR)
✦ The tenant's application for temporary injunctions is allowed, and the landlord's application to vary the interim orders is dismissed.
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George Mwangi v Duncan N. Njau & another [2021] KEBPRT 145 (KLR)
✦ The notice to vacate is declared valid, and the Tenant is ordered to vacate the premises with immediate effect. The Tenant's claim for Kshs. 10,380.00 is dismissed, and the Tenant is ordered to pay arrears of Kshs. 21,000.
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Fenley Ngairah Desouza v Presiding Bishop, Orthodox Diocese of Kisumu & all Western Kenya [2021] KEBPRT 476 (KLR)
✦ The application is dismissed with costs.
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Jennifer Wambui Nyakinyua v Fairmont Mt. Kenya Safari Club [2021] KEBPRT 218 (KLR)
✦ The tenant's references are dismissed with costs, and the landlord's notice to terminate tenancy is upheld.
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Silas Tsuma Amkayi v Geofrey Kimani Ndungu & another [2021] KEBPRT 338 (KLR)
✦ Tenant's application for injunction is allowed, and landlord's application to vacate interim orders is dismissed as premature.
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Finishline Automotive Limited v Akaba Investments [2021] KEBPRT 318 (KLR)
✦ The Tenant has locus to prosecute this reference. The Tenants Notice of Motion application is allowed.
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Everlyne Sabina Wafula &11; others v NHIF Savings & Credit Co-operative Society Ltd [2021] KEBPRT 23 (KLR)
✦ The Claimants’ Statement of Claim succeeds, and the Respondent is ordered to pay the Claimants a sum of 5,365,167/= together with costs and interest at Tribunal rates.
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Winstone Kimani Kang’ethe v Mangu Investments Limited [2021] KEBPRT 50 (KLR)
✦ The rent payable is Kshs.24,717/- per month with effect from 1st January 2021.
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Sarah Mugo t/a Shiloh Loaf v Charity Kabari Gacheni [2021] KEBPRT 401 (KLR)
✦ The application is dismissed as the Landlord has not shown that he kept a rent book, making it difficult to determine the rent owing.
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Jairus Muendo & another v Kathumo Holdings Ltd & another [2021] KEBPRT 408 (KLR)
✦ The Tribunal finds that the Lease Agreement has not been produced before the Tribunal, making it difficult to ascertain any alleged breaches. The Applicants are in breach of their obligation to pay rent as and when it falls due. The manner in which the Respondents levied distress for rent and attached the Applicants' property is found to be legal.
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James Ngugi Kamau v Daniel Kimani Ngururi & another [2021] KEBPRT 386 (KLR)
✦ The Tenant/Applicant is entitled to the prayers sought in the application
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Teresa Wanjiru Kinuthia v Vinepack Limited [2021] KEBPRT 449 (KLR)
✦ The application is allowed in terms of prayer 2 with costs of Kshs.20,000 to the Landlady. The application for leave to levy distress and all other prayers are declined.
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Peter Kirugi v Swaleh Ngurumba [2021] KEBPRT 415 (KLR)
✦ The tribunal has no jurisdiction to determine whether the respondent is in contempt of its orders or to enforce its own orders.
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Samuel Mbugua t/a Guchokaniriria Kihoto Traders & Farmers Co. Ltd v Doris Wanjiru Maina; Digit Auctioneers (Auctioneers) [2021] KEBPRT 425 (KLR)
✦ The company is the Applicant in these proceedings and Samuel Mbugua is acting on behalf of the company.
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Winerack (Sailors) v New Realite Limited & 3 others [2021] KEBPRT 398 (KLR)
✦ The application dated 12th February 2021 is allowed in terms of prayers 4 and 5 thereof.
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Nancy Nyawira Mwangi v Joseph Waweru Maingi [2021] KEBPRT 115 (KLR)
✦ The tenant's application is dismissed, and the landlord is entitled to the premises with the agreed rent starting from January 2022.
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George Mugoye Mbeya t/a Mugoye & Associates Advocates v Board of Trustees of the National Social Security Fund [2021] KEBPRT 395 (KLR)
✦ Tenant's application for restraining orders is allowed
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The Red Apple Limited v Isaac Gathungu Wanjohi & 2 others [2021] KEBPRT 486 (KLR)
✦ The reference and orders are not irregular and do not warrant striking out. The status quo will remain for 60 days for the tenants to list their reference for hearing.
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James Maina Kiarie v Njenga Gachegua Kibe & another [2021] KEBPRT 448 (KLR)
✦ Rent payable at Kshs.10,000/- per month from July 2021
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Goody Ruhu Amunabi & another v Dorothy Demba [2021] KEBPRT 120 (KLR)
✦ The Court finds in favor of the Applicant, granting eviction orders as the statutory notice was valid and the Respondents were required to vacate the premises for the construction of new sanitary facilities.