[2016] KEHC 5386 (KLR)
The High Court lacks jurisdiction to hear and determine appeals from the Business Premises Rent Tribunal in landlord and tenant disputes following the amendments to Cap 301 by the Statute Law (Miscellaneous Amendments) Act No. 25 of 2015. The proper forum for such appeals is the Environment and Land Court, as...
Source-derived case information.
- Citation
- [2016] KEHC 5386 (KLR)
- Parties
- Appellant: Yogi Suppliers Limited; Respondent: Kenya Textile Mills Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 384 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- Appeal referred to the Environment and Land Court for further directions.
- Judges
- RE Aburili
- Legal Topics
- Landlord Tenant Disputes, Jurisdiction of Courts, Business Premises Rent Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yogi Suppliers Limited
Appellant
Kenya Textile Mills Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine appeals from the Business Premises Rent Tribunal after the 2015 statutory amendments.
- 2 Which court is the proper forum for appeals arising from landlord and tenant disputes under Cap 301.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine appeals from the Business Premises Rent Tribunal in landlord and tenant disputes following the amendments to Cap 301 by the Statute Law (Miscellaneous Amendments) Act No. 25 of 2015. The proper forum for such appeals is the Environment and Land Court, as mandated by the amended statute and the Constitution. To proceed otherwise would be to usurp the exclusive jurisdiction of a court of equal status as contemplated by Article 162(2)(b) of the Constitution and would violate Article 165(5)(b), which expressly ousts the High Court's jurisdiction in such matters.
Court Disposition
Appeal referred to the Environment and Land Court for further directions.
Orders
- This appeal is hereby placed before the Environment and Land Court for further directions as to its disposal as the court may deem fit and just.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL NO. 384 OF 2013
YOGI SUPPLIERS LIMITED ………………APPELLANT
VERSUS
KENYA TEXTILE MILLS LIMITED ……...RESPONDENT
RULING
This appeal arises from the judgment and order of the Business Premises Rent Tribunal (Honourable D. Mochache) made on 12th June 2013 in Nairobi Business Premises Rent Tribunal case No. 969 of 2012.
The dispute is between Landlord and Tenant governed by Cap 301 Laws of Kenya (Landlord, Tenant, Shops, Hotels and Catering Establishments Act).
Section 15 and 16(2) of the said Act as amended on 15th December 2015 before this appeal was instituted is clear that the appeals from Business Premises Rent Tribunal lie to the Environment and Land Court. The amendment vide Statute Law Miscellaneous Amendment Act No. 25 of 2015 which came into effect on 15th December 2015 effectively divested this court (High Court of jurisdiction to hear and determine any appeal from Business Premises Rent Tribunal or the subordinate court where disputes are between Landlords and Tenants. That being the case, this court has no option but to down its tools and say no more thing than refer the appeal to the court with competent jurisdiction to hear and determine the subject matter in dispute. To do otherwise would be tantamount to usurping the jurisdiction of a court of equal status as contemplated in Article 162(2) (b) of the Constitution and whose jurisdiction is exclusive. It will also amount to violation of Article 165(5) (b) of the Constitution which expressly ousts the jurisdiction of the High Court from hearing and determining disputes s preserved for the court contemplated in Article 12(2) (b) of the Constitution.
Consequently, I direct that this appeal be and is hereby placed before the Environment and Land Court for further directions as to its disposal as the court may deem fit and just.
Orders accordingly.
R.E. ABURILI
JUDGE
20. 4.2016