[2025] KEBPRT 240 (KLR)

[2025] KEBPRT 240 (KLR)

The Tribunal found that, following the promulgation of the Constitution of Kenya 2010, tribunals such as the Business Premises Rent Tribunal are now recognized as subordinate courts under Article 169(1). This constitutional status confers upon them inherent powers to enforce their own orders, including the power to punish for contempt. The Tribunal relied on recent case law affirming this position and rejected the respondent's argument that contempt proceedings are exclusively criminal and outside the Tribunal's jurisdiction. The preliminary objection was therefore found to be without merit and dismissed, confirming the Tribunal's jurisdiction to hear and determine contempt proceedings...

Citation
[2025] KEBPRT 240 (KLR)
Parties
Applicant: Ganeene Import & Export; Respondent: Young Traders Limited; Respondent: Sannex Enterprises Auctioneers
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
2 May 2025
Case Number
Tribunal Case E1149 of 2024
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection to Tribunal's Jurisdiction Over Contempt Proceedings
Outcome
preliminary objection dismissed; tribunal affirms jurisdiction over contempt application
Judges
J Osodo, Gakuhi Chege
Legal Topics
Controlled Tenancy, Jurisdiction of Tribunals, Contempt of Court, Preliminary Objection
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Jurisdiction of Tribunals Contempt of Court Preliminary Objection

Case Brief

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Parties

Ganeene Import & Export

Applicant

Young Traders Limited

Respondent

Sannex Enterprises Auctioneers

Respondent

Procedural Posture

Preliminary Objection / Ruling on Preliminary Objection to Tribunal's Jurisdiction Over Contempt Proceedings

Legal Issues

  1. 1 Whether the Business Premises Rent Tribunal has jurisdiction to hear and determine contempt of court proceedings.
  2. 2 Whether the preliminary objection challenging the Tribunal's jurisdiction is merited.

Ratio Decidendi

The Tribunal found that, following the promulgation of the Constitution of Kenya 2010, tribunals such as the Business Premises Rent Tribunal are now recognized as subordinate courts under Article 169(1). This constitutional status confers upon them inherent powers to enforce their own orders, including the power to punish for contempt. The Tribunal relied on recent case law affirming this position and rejected the respondent's argument that contempt proceedings are exclusively criminal and outside the Tribunal's jurisdiction. The preliminary objection was therefore found to be without merit and dismissed, confirming the Tribunal's jurisdiction to hear and determine contempt proceedings...

Court Disposition

preliminary objection dismissed; tribunal affirms jurisdiction over contempt application

Orders

  • The Notice of Preliminary Objection dated 20th February 2025 is dismissed.
  • The application dated 10th February 2025 shall be canvassed by way of written submissions, each party taking 7 days, with the tenant starting.