[2018] KEELC 3200 (KLR)
The court found that the applicant had established a prima facie case that the Rent Restriction Tribunal was acting without jurisdiction by proceeding with tenancy disputes where the monthly rent exceeded the statutory threshold. The court held that this constituted exceptional circumstances justifying the grant of...
Source-derived case information.
- Citation
- [2018] KEELC 3200 (KLR)
- Parties
- Applicant: Teresiah Wairimu Kirima; Respondent: The Chairman Rent Restriction Tribunal Nairobi; Respondent: The Honourable Attorney General; Interested Party: Rose Muthoni; Interested Party: Ruth Nzovya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 10 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Judicial Review Motion
- Outcome
- Leave granted to file judicial review motion; leave to operate as stay of Tribunal proceedings; costs in the cause.
- Judges
- BM Eboso
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Rent Restriction, Fair Administrative Action, Certiorari, Prohibition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresiah Wairimu Kirima
Applicant
The Chairman Rent Restriction Tribunal Nairobi
Respondent
The Honourable Attorney General
Respondent
Rose Muthoni
Interested Party
Ruth Nzovya
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Judicial Review Motion
Legal Issues
- 1 Whether the Rent Restriction Tribunal has jurisdiction over tenancy disputes where the monthly rent exceeds the statutory threshold.
- 2 Whether the applicant should be granted leave to file a substantive judicial review motion for orders of certiorari and prohibition.
- 3 Whether exceptional circumstances exist to exempt the applicant from exhausting alternative remedies under the Fair Administrative Action Act.
Ratio Decidendi
The court found that the applicant had established a prima facie case that the Rent Restriction Tribunal was acting without jurisdiction by proceeding with tenancy disputes where the monthly rent exceeded the statutory threshold. The court held that this constituted exceptional circumstances justifying the grant of leave to file a judicial review motion and exemption from the exhaustion of alternative remedies. The court further ordered that the leave granted would operate as a stay of further proceedings in the Tribunal cases, pending the determination of the substantive motion.
Court Disposition
Leave granted to file judicial review motion; leave to operate as stay of Tribunal proceedings; costs in the cause.
Orders
- The applicant is granted leave to file a substantive judicial review motion within 21 days.
- The leave granted shall operate as a stay of further proceedings in Nairobi Rent Restriction Tribunal Case No. 787 of 2017 and Nairobi Rent Restriction Tribunal RR(A) Case No. 31 of 2017.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC MSC. CASE NO. 10 OF 2018
TERESIAH WAIRIMU KIRIMA....................................................APPLICANT
(AS ADMINSTRATOR OF THE ESTATE OF G.K. KIRIMA - DECEASED)
VERSUS
THE CHAIRMAN RENT
RESTRICTION TRIBUNAL NAIROBI..............................1ST RESPONDENT
THE HONOURABLE ATTORNEY GENERAL................2ND RESPONDENT
ROSE MUTHONI......................................................1ST INTERESTED PARTY
RUTH NZOVYA........................................................2ND INTERESTED PARTY
R U L I N G
1. On 26/1/2018, the exparte applicant, Teresiah Wairimu Kirima, brought a chamber summons application seeking leave of this court to bring a substantive motion for orders of certiorari and prohibition in relation to Nairobi Rent Restriction Tribunal Case No. 787of2017andNairobi Rent Restriction Tribunal RR (A) Case No 31 of 2017; Rose Muthoni v Teresiah Wairimu Kirima & Another.She contends that the said cases are tenancy disputes and that the contractual rent is Kshs 32,000 per month. She further contends that the Tribunal ordered a rent assessment and monthly rent was assessed at Kshs 25,000. She adds that despite the fact that the Tribunal lacks jurisdiction by dint of the above monthly rent, it has insisted on exercising jurisdiction over the dispute.
2. I have considered the application within the framework of the Fair Administrative Action Act. The contention of the applicant is that the Tribunal is engaged in outright illegality in the sense that even after it established that the assessed monthly rent is Kshs 25,000, it has failed to down its tools for lack of jurisdiction.
3. If that be the case, there appears to be exceptional circumstances and a proper interest of justice ground warranting this court’s exercise of its powers under Section 9(4) of the Fair Administrative Action Act to grant exemption to the applicant to challenge the alleged illegality. Consequently, I hereby grant the applicant the nod to bring the judicial review motion within 21 days. In default, the leave so granted shall stand vacated.
4. For the same reasons, the leave so granted shall operate as stay of further proceedings in Nairobi Rent Restriction Tribunal Case No. 787of2017andNairobi Rent Restriction Tribunal RR(A) Case No 31 of 2017; Rose Muthoni v Teresiah Wairimu Kirima & Another. Costs shall be in the cause.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 25TH DAYOF MAY 2018.
B M EBOSO
JUDGE
In the presence of:
Mr. Kihara holding brief for Ms. Mogire Advocate for the Applicant
Ms Rose Muthoni Advocate for the 1st Interested Party
Ms Halima - Court clerk