[2023] KERRT 1183 (KLR)
The Tribunal determined that its jurisdiction is governed by the statutory ceiling for standard rent as set out in Cap 296. Since the rent for the subject premises was above the ceiling, the Tribunal could not proceed unless the standard rent was properly assessed. Both parties had sought assessment of standard...
Source-derived case information.
- Citation
- [2023] KERRT 1183 (KLR)
- Parties
- Plaintiff: Isaac Mukung Sauri; Plaintiff: Eunice Rotich; Plaintiff: Flora N. Tumbo; Plaintiff: Alice Yator; Plaintiff: Nathan N. Wanyonyi; Plaintiff: Job Nyamao; Plaintiff: Jane Onsando; Defendant: Postal Corporation of Kenya Staff Pension Scheme; Defendant: Laser Properties Limited
- Court
- Rent Restriction Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E872 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection to Tribunal Jurisdiction
- Outcome
- Application for injunctive orders deferred pending assessment of standard rent.
- Judges
- HK KORIR
- Legal Topics
- Rent Control, Jurisdiction of Tribunal, Standard Rent Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Mukung Sauri
Plaintiff
Eunice Rotich
Plaintiff
Flora N. Tumbo
Plaintiff
Alice Yator
Plaintiff
Nathan N. Wanyonyi
Plaintiff
Job Nyamao
Plaintiff
Jane Onsando
Plaintiff
Postal Corporation of Kenya Staff Pension Scheme
Defendant
Laser Properties Limited
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection to Tribunal Jurisdiction
Legal Issues
- 1 Whether the Rent Restriction Tribunal has jurisdiction over premises with rent exceeding the statutory ceiling.
- 2 Whether the standard rent for the subject premises has been properly assessed under Cap 296.
- 3 Whether injunctive orders can be granted pending assessment of standard rent.
Ratio Decidendi
The Tribunal determined that its jurisdiction is governed by the statutory ceiling for standard rent as set out in Cap 296. Since the rent for the subject premises was above the ceiling, the Tribunal could not proceed unless the standard rent was properly assessed. Both parties had sought assessment of standard rent, and the Tribunal directed that such assessment must be conducted before any further orders, including injunctive relief, could be considered. The Tribunal relied on the statutory definition of standard rent and the principle that jurisdiction must be derived from statute or the Constitution.
Court Disposition
Application for injunctive orders deferred pending assessment of standard rent.
Orders
- Defendants are directed to apply for assessment of standard rent before further orders are granted.
- No further orders to issue until assessment is completed.
Full Case Text
Judgment text and source record
38 paragraphs
Sauri & 7 others v Postal Corporation of Kenya Staff Pension Scheme & another (Tribunal Case E872 of 2022) [2023] KERRT 1183 (KLR) (14 April 2023) (Ruling)
Neutral citation: [2023] KERRT 1183 (KLR)
Republic of Kenya
In the Rent Restriction Tribunal
Tribunal Case E872 of 2022
HK KORIR, Chair
April 14, 2023
Between
Isaac Mukung Sauri
1st Plaintiff
Eunice Rotich
2nd Plaintiff
Flora N. Tumbo
3rd Plaintiff
Alice Yator
4th Plaintiff
Nathan N. Wanyonyi
5th Plaintiff
Job Nyamao
6th Plaintiff
Jane Onsando
7th Plaintiff
and
Rachael N. Magu
Petitioner
and
Postal Corporation of Kenya Staff Pension Scheme
1st Defendant
Laser Properties Limited
2nd Defendant
Ruling
1. The defendants objected to the Tribunal Jurisdiction in respect of the subject premises hereon by way of a replying affidavit filed on 9th November, 2022.
2. The Defendants had issued notice for the increment of rent from Kshs. 16,000/- to Kshs. 30,000/- per unit which the Plaintiffs opposed by filling these proceedings for injunctive orders against the increment.
3. The Defendant stated that the Tribunals Jurisdiction is pegged at Standard rent ceiling of Kshs. 2,500/- and that the subject premises fall outside as it attracts an agreed rent of Kshs. 16. 000/- for the last 17years.
4. The Defendant further submitted that the sum of Kshs. 30,000/- was not arrived at arbitrarily as it had carried out an assessment as per the assessment report dated 24th September, 2021.
5. In view of the definition of “standard rent” under section 3of Cap296 and the Supreme Court’s ruling in the case of Samuel K. Macharia and others v KCB“That a court Jurisdiction flows from either the constitution or legislation or both”the Defendants are directed to apply for assessment of Standard rent before further orders are granted.
6. It is also worth noting that the Plaintiffs had in their Application applied for assessment of standard rent.
RULING ISSUED IN CHAMBER ON THIS 14TH DAY OF APRIL, 2023 IN ACCORDANCE WITH THE COVID-19 PRACTICE REGULATIONS.SIGNEDHILLARY K. KORIRCHAIRMANRENT RESTRICTION TRIBUNAL