Kenyan case law
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Rose Waithira Muhoro & another v Everything Investment Limited [2021] KEBPRT 128 (KLR)
✦ The application for a temporary injunction is dismissed with costs. The orders given on 28th July 2021 are vacated and discharged. The Applicants shall hand over the vacant possession of the suit premises to the Respondent, and if they fail, they will be forcibly removed by a licensed auctioneer. The Applicants shall pay Kshs.105,000/- in compensation for 2 1⁄2 months of illegal occupation to the Respondent. The Respondent’s costs of Kshs.50,000/- shall be paid by the Applicants.
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Robinson Moriasi Ongati v Dorice Kambuni [2021] KEBPRT 68 (KLR)
✦ The Landlord's application is upheld, and the Tenant is ordered to clear outstanding arrears within 14 days. If not, the Landlord can distress for rent and reenter the premises.
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Zipporah Wanjiru Kimani t/a Urban Phones Accessories & Urban Electricals and Electricity v Tiriki Electronics Limited t/a Joseph Muchoki Mugo & another [2021] KEBPRT 184 (KLR)
✦ The application for an injunction is granted
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Power General Contractors Limited v Pharmacy and Poisons Board [2021] KEBPRT 499 (KLR)
✦ The preliminary objection is dismissed with costs to the Landlord.
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Stephen Njuguna t/a Q. Smart Hardware v Titus Gatitu Njau t/a Tito House [2021] KEBPRT 44 (KLR)
✦ The tenancy notice is upheld subject to the effective date being amended to July 1, 2022. The tenant is required to give vacant possession by a licensed auctioneer within six months.
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Gladys Wambui Muchiri v Stanley Kamau Kathara [2021] KEBPRT 54 (KLR)
✦ The Tribunal allows the Tenant's application in terms of prayer 3 and 4, finding that the verbal notice to terminate the tenancy was illegal and the Landlord did not issue the notice to terminate as required under the law.
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World Business Centre Limited v Caroline Gasheri [2021] KEBPRT 93 (KLR)
✦ The Tribunal has jurisdiction to hear the matter on grounds of res judicata.
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Stanley Mwiti v Shumi Juma [2021] KEBPRT 152 (KLR)
✦ The application is dismissed with costs, and the tenant is awarded costs of the application and a reference assessed at Kshs.25,000/-.
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Nderitu Gachuru v Waithera Karanja [2021] KEBPRT 297 (KLR)
✦ The landlord's application is allowed, and the tenant's application is dismissed.
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Oscar Luvaha (Explore Auto Valuers and Assessories Limited) v Babi Investments & another [2021] KEBPRT 377 (KLR)
✦ The Landlord's notice of termination of the tenancy agreement was not valid due to the notice period being less than two months and not being in the prescribed form.
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Sella Andera Ambiyo v Tough Hide Limited & another [2021] KEBPRT 1 (KLR)
✦ The application is granted, restraining the Landlord from harassing, intimidating, threatening, and interfering with the Tenant's quiet possession of the suit premises.
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Stanlous Musau Mutuku v Ann Kariuki & another; Susan Gachiji (Interested Party) [2021] KEBPRT 426 (KLR)
✦ The Tribunal orders that the Respondents are restrained from evicting, intimidating, or harassing the Tenant, pending the hearing and determination of the reference.
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Trident Outdoor Limited v Shiloah Investments Ltd [2021] KEBPRT 64 (KLR)
✦ The Tribunal lacks jurisdiction to hear the case as the tenancy is not a controlled tenancy and the lease agreement does not contain a termination clause other than for breach of covenant.
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Robert M. Wachira & another v Dominic Kuria & another [2021] KEBPRT 160 (KLR)
✦ The notice issued by the landlords was premature and not in the prescribed format, thus invalid. The lease was considered a controlled tenancy, and the tenants were entitled to the good will payment at the commencement of the tenancy.
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James Mwangi v Isaack Kuria t/a Waciru Commercial and Propoerty Agencis [2021] KEBPRT 70 (KLR)
✦ The tenant is entitled to the orders sought in the applications dated 5th March 2021 and 5th August 2021.
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Teresia Wnjiku Kinuthia v Vinepack Limited [2021] KEBPRT 439 (KLR)
✦ The application is allowed in terms of prayer 2 with costs of Kshs.20,000 to the Landlady. The Landlady is ordered to immediately settle the outstanding rent arrears of Kshs.387,750 and the Tenant is not granted leave to levy distress.
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James Gichure Kiragu v George Warui Gathoni [2021] KEBPRT 81 (KLR)
✦ The application and hearing notice were properly served upon the landlord, and the orders made on June 15, 2021, are regular and not liable to be set aside.
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Stephen Thiong’o v George Gor Choro [2021] KEBPRT 85 (KLR)
✦ The Tenant's reference dated 10th June 2021 in opposition of the notice to terminate tenancy is allowed. The Landlord's application dated 26th August 2021 is allowed in part.
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Jasper Ndeke v Julius Maina [2021] KEBPRT 434 (KLR)
✦ The landlord's application is allowed in terms of prayers 2, 3, and 4 of the application dated 4th April 2021.
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Jitash Doongarsi Jamnadas t/a Bhatia Radio House v Ahmed Jaffer [2021] KEBPRT 291 (KLR)
✦ Previous orders are set aside and Landlord's application is fixed for hearing on a priority basis.
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Party of Democratic Unity v Manager of Kenya House Complex & 2 others [2021] KEBPRT 88 (KLR)
✦ The rent payable for the demised premises is Kshs.40,000/- per month from August 2019. The application is dismissed with costs.
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Jordana Waceera v Kiama Muturi [2021] KEBPRT 312 (KLR)
✦ The tenant is disentitled to the refund of the security deposit and the same shall be applied towards restoring the suit premises to the original condition. The tenant shall pay Kshs.35,000 as the balance of costs of renovations.
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Solomon Ngui Mutua & 3 others (suing as the legal representatives of the Estate of Fredrick Mutua (now Deceased) t/a Makueni Uniforms v Beatrice Wayua Mutevu [2021] KEBPRT 471 (KLR)
✦ The tenancy is a controlled tenancy, and the landlord issued a valid notice to vacate the premises. The tenancy came to an end on 20/12/2020. The tenants are entitled to the orders they sought.
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Hesbon Muita v Agricultural Society of Kenya Nairobi Branch [2021] KEBPRT 371 (KLR)
✦ Tenant/Applicant is entitled to the reliefs sought
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Ronald Mburu & another v David Ndonye [2021] KEBPRT 393 (KLR)
✦ The Tribunal finds the Landlord's notice invalid and finds in favor of the Tenants, allowing their application for restraining orders and rent reduction.