[2021] KEELC 4242 (KLR)
The court found that the applicant had established an arguable case that the Rent Restriction Tribunal may have acted outside its jurisdiction, both because the subject matter may not fall within the Tribunal's remit and because the rent in question exceeds the statutory threshold. The court held that there is a...
Source-derived case information.
- Citation
- [2021] KEELC 4242 (KLR)
- Parties
- Applicant: Wangui Beatrice Kariuki; Respondent: Rent Restriction Tribunal Nairobi; Respondent: Kenneth Ndungu Kabue
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 5 of 2021
- Procedural Posture
- Judicial Review Application / Ruling on Ex Parte Chamber Summons for Leave and Stay
- Outcome
- Leave granted to commence judicial review proceedings; stay of Tribunal orders issued; directions for further steps provided.
- Judges
- BM Eboso
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Rent Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wangui Beatrice Kariuki
Applicant
Rent Restriction Tribunal Nairobi
Respondent
Kenneth Ndungu Kabue
Respondent
Procedural Posture
Judicial Review Application / Ruling on Ex Parte Chamber Summons for Leave and Stay
Legal Issues
- 1 Whether the Rent Restriction Tribunal has jurisdiction over a dispute involving a motor vehicle that has been transferred to a third party.
- 2 Whether the Tribunal has jurisdiction where the agreed rent exceeds the statutory threshold.
Ratio Decidendi
The court found that the applicant had established an arguable case that the Rent Restriction Tribunal may have acted outside its jurisdiction, both because the subject matter may not fall within the Tribunal's remit and because the rent in question exceeds the statutory threshold. The court held that there is a need to preserve the status quo by granting leave to commence judicial review proceedings and staying the Tribunal's orders, pending further consideration of the substantive motion. The Tribunal is, however, permitted to assess the standard rent in accordance with the law, and the parties are at liberty to seek redress in the appropriate civil court.
Court Disposition
Leave granted to commence judicial review proceedings; stay of Tribunal orders issued; directions for further steps provided.
Orders
- The ex-parte chamber summons dated 4/2/2021 is allowed in terms of prayers 2, 3 and 4.
- The Tribunal may assess the standard rent of the suit premises and furnish the parties with a copy of the assessment.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
JR. NO. 5 OF 2021
WANGUI BEATRICE KARIUKI........................................................................APPLICANT
=VERSUS=
RENT RESTRICTION TRIBUNAL NAIROBI.....................................1ST RESPONDENT
KENNETH NDUNGU KABUE..............................................................2ND RESPONDENT
EX-PARTE
IN CHAMBERS
RULING
1. I have considered the ex-parte chamber summons dated 4/2/2021. The ex-parte applicant seeks leave to bring a judicial review motion to quash the orders made by the Rent Restriction TribunalinNairobi Rent Restriction Tribunal Case Number 1774 of 2020. The application is premised on two principal grounds: (i) the dispute relates to a motor vehicle which has since been transferred to a third party hence the Tribunal does not have jurisdiction to adjudicate the dispute; and (ii) the agreed and/or prevailing rent between the protagonists is Kshs 14,000 per month and the Tribunal therefore has no jurisdiction to entertain the dispute.
2. The court has considered the gist of the ex-parte applicant’s grievance. The court has also considered the evidential materials placed before it. The court is satisfied that there is an arguable case requiring further consideration. Similarly, the court is satisfied that the Tribunal may be usurping jurisdiction which is vested in civil courts and therefore there is need to stay its orders.
3. Consequently, the court makes the following disposal orders:
1) The ex-parte chamber summons dated 4/2/2021 is allowed in terms of prayers 2, 3 and 4.
2) The Tribunal is nonetheless at liberty to assess the standard rent of the suit premises in terms of the legal framework in the Rent Restriction Act and furnish the parties with a copy of the assessment.
3) The 2nd respondent is at liberty to initiate appropriate proceedings and seek redress in a civil court with jurisdiction to adjudicate the dispute.
4) The ex-parte applicant shall file and serve a substantive motion within 21 days. In default, the leave and the stay order granted herein shall both stand vacated.
5) Mention on 5/5/2021 for further directions.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 18TH DAY OF FEBRUARY 2021.
B M EBOSO
JUDGE
In the Presence of: -
Court Clerk: June Nafula