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Kenya Case Law

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Land And Property [2025] KEBPRT 321 (KLR)

Mathiu v Ng’ang’a

Mathiu v Ng’ang’a [2025] KEBPRT 321 (KLR)

The Tribunal allowed a landlord’s late application to respond, despite weak explanation for non-compliance, and ordered costs to the tenant.

  • Landlord Tenant Disputes
  • Business Premises Rent
  • Procedural Fairness
  • Business-premises-rent
  • Landlord-tenant-disputes
  • Procedural-fairness
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Land And Property [2025] KEBPRT 341 (KLR)

Kitonga v Mwapea

Kitonga v Mwapea [2025] KEBPRT 341 (KLR)

The Tribunal upheld a landlord’s notice to terminate a controlled tenancy for renovation, finding the tenants had long notice and no convincing reason to delay vacating.

  • Termination Of Tenancy
  • Landlord Rights
  • Tenant Relocation
  • Business Premises Rent
  • Notice To Vacate
  • Termination-of-tenancy
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Civil Procedure [2025] KEELC 4951 (KLR)

Mbwiria v Githire

Mbwiria v Githire [2025] KEELC 4951 (KLR)

The court granted a conditional stay of execution pending appeal, requiring the appellant to provide a bank guarantee of the decretal sum within 30 days.

  • Stay Of Execution
  • Security For Costs
  • Substantial Loss
  • Appeal Rights
  • Business Premises Rent
  • Judgment Enforcement
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Civil Procedure [2025] KEELC 4236 (KLR)

Rongai Rhumba House Limited v Ariwi & 8 others

Rongai Rhumba House Limited v Ariwi & 8 others [2025] KEELC 4236 (KLR)

The court found that the preliminary objection raised by the 1st Defendant did not meet the threshold established in Mukisa Biscuit, as it required the court to investigate facts not currently before it, including previous proceedings, pleadings, and evidence. The determination of res judicata necessitates examination of the parties, cause of action, and prior decisions, which cannot be resolved on a pure point of law at the preliminary stage. Therefore, the objection was not properly raised as a preliminary objection and was dismissed with costs to the Plaintiff.

  • Preliminary Objection
  • Res Judicata
  • Pleadings Threshold
  • Business Premises Rent
  • Court Jurisdiction
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Civil Procedure [2025] KEBPRT 297 (KLR)

Mbau v Mahiga Produce & Co. Ltd

Mbau v Mahiga Produce & Co. Ltd [2025] KEBPRT 297 (KLR)

The Tribunal found that the further amended notice of motion dated 1/12/2023 was not properly before the court as it was neither uploaded to the court's system nor was there evidence that leave had been sought or granted for its filing, as required by Order 8 Rule 3 of the Civil Procedure Rules. The pleadings had already closed prior to its filing, and the Tribunal could only consider applications properly on record. Furthermore, the claim for Kshs.220,323.52 was not specifically pleaded in the reference or the amended motion and was not proved. Applying the principle from Hahn v Singh, the T…

  • Review Of Rulings
  • Special Damages
  • Pleadings Amendment
  • Business Premises Rent
  • Leave Of Court
  • Ex Parte Applications
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Land And Property [2025] KEBPRT 260 (KLR)

Wachira v Karaba & 2 others

Wachira v Karaba & 2 others [2025] KEBPRT 260 (KLR)

The Tribunal dismissed a tenant’s application for interpretation and further relief, holding that the issues had already been finally determined and were res judicata.

  • Business Premises Rent
  • Res Judicata
  • Costs Award
  • Contempt Of Tribunal Orders
  • Res-judicata
  • Costs-award
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Land And Property [2025] KEBPRT 252 (KLR)

Grenada Energy v Maundu

Grenada Energy v Maundu [2025] KEBPRT 252 (KLR)

The Tribunal found that while the tenant had produced invoices and quotations for certain claims, these did not amount to strict proof of payment as required for special damages. Only the claim for Kshs. 198,800.00, supported by a bank statement evidencing payment for petrol station signage, met the evidentiary threshold. The remaining claims, including for painting works and installation of pylon signs, were not sufficiently proved due to lack of receipts or direct evidence of payment. The Tribunal also found that the tenant had sufficiently proved the refund of rent for June and July 2024 t…

  • Business Premises Rent
  • Special Damages
  • Proof Of Payment
  • Landlord Tenant Disputes
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Civil Procedure [2025] KEBPRT 181 (KLR)

Grand Muraille Investments Limited v Maingey on Behalf of Ack Church Kwa Maingey

Grand Muraille Investments Limited v Maingey on Behalf of Ack Church Kwa Maingey [2025] KEBPRT 181 (KLR)

The Tribunal allowed a tenant’s interlocutory application to file supplementary documents, finding no undue prejudice to the landlord at that stage.

  • Admission Of Evidence
  • Supplementary Documents
  • Business Premises Rent
  • Procedural Fairness
  • Admission-of-evidence
  • Supplementary-documents
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Land And Property [2025] KEBPRT 175 (KLR)

Gatongo v George

Gatongo v George [2025] KEBPRT 175 (KLR)

The tribunal struck out a tenant’s application for lack of a supporting affidavit despite prior directions to file one, and awarded costs to the respondent.

  • Business Premises Rent
  • Striking Out Application
  • Supporting Affidavit Requirement
  • Business-premises-rent-tribunal
  • Supporting-affidavit
  • Striking-out-application
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Civil Procedure [2025] KEBPRT 24 (KLR)

Murago t/a Indosteel Hardware v Kamuchinde Company Limited & another

Murago t/a Indosteel Hardware v Kamuchinde Company Limited & another [2025] KEBPRT 24 (KLR)

The Tribunal allowed the tenant’s withdrawal of a reference and motion, but found the filing conduct abusive and awarded the landlord Kshs. 30,000 in costs.

  • Withdrawal Of Suit
  • Abuse Of Process
  • Costs Award
  • Business Premises Rent
  • Judicial Discretion
  • Withdrawal-of-suit
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.