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Kenya decisions
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Tailor v Ambundo [2025] KEBPRT 324 (KLR)
The tribunal dismissed a tenant’s preliminary objection, holding it raised no pure point of law and that the landlord’s termination notice needed no filing or reference number.
Ramadhan v Muibau [2025] KEBPRT 300 (KLR)
The tribunal found that after the landlord issued a termination notice under Section 4(2) of the Act, only the tenant, as the receiving party, had the right to refer the matter to the tribunal under Section 6. The landlord, having issued the notice, could not invoke the tribunal's jurisdiction to seek vacant possession or other reliefs. The tribunal lacked jurisdiction to entertain the landlord's application, and this defect could not be cured by Article 159 of the Constitution. As a result, the reference and notice of motion were struck out for want of jurisdiction, and costs were awarded to…
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Samwel & another v David [2025] KEBPRT 291 (KLR)
The tribunal held that the landlord’s termination notice was invalid for non-compliance with section 4 of Cap 301 and restrained unlawful eviction and rent increase.
Wambui v Muchiri [2025] KEBPRT 213 (KLR)
The Tribunal found a landlord-tenant relationship, declared the termination notice invalid for lack of proof of service, and ordered payment of rent arrears.
Balleth v Said [2024] KEBPRT 1731 (KLR)
The Tribunal found that the doctrine of sub judice did not apply because the alleged parallel proceedings at the Malindi Chief Magistrates Court had been dismissed, as evidenced by an uncontroverted order. Therefore, there was no bar to proceeding with the present application. On the merits, the Tribunal determined that the landlord had issued a valid notice of termination in compliance with section 4 of CAP 301, and the tenant did not challenge or object to the notice. Consequently, the notice took effect on 1 August 2024, and the landlord was entitled to the orders sought in the application…
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Mutea v Marua [2024] KEBPRT 1563 (KLR)
The Tribunal found that the landlord's notice of termination was lawful and compliant with statutory requirements, as it was issued under Section 7(1)(f) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act and supported by approved development plans and financial capacity. The landlord demonstrated a genuine and settled intention to undertake substantial reconstruction that necessitated vacant possession. The tenant failed to prove consent for the majority of the claimed renovations and developments, except for installation of electricity and water, which the landlord a…
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Marwa & 32 others v County Government of Migori [2024] KECA 1583 (KLR)
The Court of Appeal upheld dismissal of claims by 33 former municipal workers who sought permanent terms, reinstatement, and employment benefits from Migori County.
Chic Fashions Limited v Maundu [2024] KEELRC 2704 (KLR)
The court corrected a record error about electronic evidence but held the mistake did not change the result. The review application was allowed only to that limited extent.
Nyongesa v Rwandair Limited [2024] KEELRC 2697 (KLR)
The court found that the respondent failed to comply with the mandatory statutory requirements for redundancy under Section 40 of the Employment Act. Specifically, the respondent did not notify the labour office, did not consult with the claimant, and did not provide evidence of applying fair selection criteria. The redundancy process was treated as a termination without adherence to the consultative and procedural safeguards required by law. As a result, the claimant's termination was unlawful and unprocedural. The court awarded the claimant severance pay for five years, pay in lieu of notic…
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Saifee Investment Limited v Clement O. Sheikh t/a Oriang General Green Grocers [2024] KEBPRT 1365 (KLR)
The Tribunal upheld a landlord’s termination notice for a controlled tenancy, finding the notice compliant and the tenant’s admitted rent arrears sufficient grounds for termination.
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