[2019] KEBPRT 2 (KLR)
The Tribunal lacks jurisdiction to entertain applications for contempt of court following the High Court's declaration that the Contempt of Court Act No. 46 of 2016 is unconstitutional. As a statutory body created under Cap 301, the Tribunal's powers are limited to those expressly provided by statute, and there is...
Source-derived case information.
- Citation
- [2019] KEBPRT 2 (KLR)
- Parties
- Applicant: Peter Kaberia Kaumbuthu; Respondent: Teresia N. Gathuita; Respondent: Judy W. Gathuita; Respondent: Jane W. Gathuita
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 356 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection
- Outcome
- preliminary objection upheld; application dismissed for want of jurisdiction
- Legal Topics
- Contempt of Court, Jurisdiction of Tribunals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kaberia Kaumbuthu
Applicant
Teresia N. Gathuita
Respondent
Judy W. Gathuita
Respondent
Jane W. Gathuita
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Business Premises Rent Tribunal has jurisdiction to punish for contempt of court.
- 2 Whether the application for committal to civil jail for contempt is competent before the Tribunal.
Ratio Decidendi
The Tribunal lacks jurisdiction to entertain applications for contempt of court following the High Court's declaration that the Contempt of Court Act No. 46 of 2016 is unconstitutional. As a statutory body created under Cap 301, the Tribunal's powers are limited to those expressly provided by statute, and there is no current statutory basis for the Tribunal to punish for contempt. Therefore, the preliminary objection is upheld and the application for committal to civil jail is dismissed for want of jurisdiction.
Court Disposition
preliminary objection upheld; application dismissed for want of jurisdiction
Orders
- The respondent's preliminary objection dated 19th March 2018 is upheld.
- The applicant's application dated 18th October 2017 is dismissed for want of jurisdiction.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO. 356 OF 2017 (NAIROBI)
PETER KABERIA KAUMBUTHU.............................TENANT
VS
TERESIA N. GATHUITA
JUDY W. GATHUITA
JANE W. GATHUITA.........................................LANDLORDS
RULING
The Tenant/Applicant on 19th October 2017 filed the application dated 18th October 2017 against the Respondents seeking the following orders;
1. The Landlord be committed to civil jail for contempt of court.
2. The costs of the application be provided for.
The Landlord’s advocate filed the preliminary objection dated 19th March 2018. The preliminary objection is based on the ground that the Tribunal has no powers to punish for contempt of court. The advocate for the Landlord on 23rd April 2018 filed written submissions. The advocate for the Tenant also filed written submissions on 23rd April 2018.
The Tribunal has perused the written submissions of the advocate of the parties and all the authorities cited. The Tribunal had powers to punish for contempt of court under the Contempt of Court Act No. 46/2016 but the High Court in a recent ruling delivered by Justice Chache Muite declared the Act unconstitutional.
At the moment, the Tribunal which is a creature of Cap 301 does not have powers to entertain the Landlord’s application dated 18th October 2017. The Tribunal makes the following orders;
1. The Respondent’s preliminary objection dated 19th March 2018 is upheld.
2. The Respondent’s application dated 18th October 2017 is dismissed for want of jurisdiction.
3. Each party shall bear its own costs.
Ruling delivered this 18th day of June 2019 in the presence of Mugwe for the Respondent/Landlord. Tenant present.
MBICHI MBOROKI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL