Case ID:165173

Parties: None

Date Delivered: None

Case Type: None

Court: None

Judges: None

Citation: None


Peter Kaberia Kaumbuthu v Teresia N. Gathuita & 2 others [2020] eKLR

Case Metadata

Case Number:

Tribunal Case 356 of 2017 (Nairobi)

Parties:

Peter Kaberia Kaumbuthu v Teresia N. Gathuita,Judy W. Gathuita & Jane W. Gathuita

Date Delivered:

18 Jun 2019

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Ruling

Judge(s):

Mbichi Mboroki, Chairman, Business Premises Rent Tribunal

Citation:

Peter Kaberia Kaumbuthu v Teresia N. Gathuita & 2 others [2020] eKLR

Court Division:

Tribunal

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO. 356 OF 2017 (NAIROBI)

PETER KABERIA KAUMBUTHU.............................TENANT

VS

TERESIA N. GATHUITA

JUDY W. GATHUITA

JANE W. GATHUITA.........................................LANDLORDS

RULING

The Tenant/Applicant on

19

th

October 2017

filed the application dated

18

th

October 2017

against the Respondents seeking the following orders;

1. The Landlord be committed to civil jail for contempt of court.

2. The costs of the application be provided for.

The Landlord’s advocate filed the preliminary objection dated

19

th

March 2018.

The preliminary objection is based on the ground that the Tribunal has no powers to punish for contempt of court. The advocate for the Landlord on

23

rd

April 2018

filed written submissions. The advocate for the Tenant also filed written submissions

on 23

rd

April 2018

.

The Tribunal has perused the written submissions of the advocate of the parties and all the authorities cited. The Tribunal had powers to punish for contempt of court under the Contempt of

Court Act No. 46/2016

but the High Court in a recent ruling delivered by Justice Chache Muite declared the Act unconstitutional.

At the moment, the Tribunal which is a creature of

Cap 301

does not have powers to entertain the Landlord’s application dated

18

th

October 2017.

The Tribunal makes the following orders;

1. The Respondent’s preliminary objection dated

19

th

March 2018

is upheld.

2. The Respondent’s application dated

18

th

October 2017

is dismissed for want of jurisdiction.

3. Each party shall bear its own costs.

Ruling

delivered this

18

th

day of

June 2019

in the presence of

Mugwe

for the Respondent/Landlord. Tenant present.

MBICHI MBOROKI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Meta Info:

{'Case Number:': 'Tribunal Case 356 of 2017 (Nairobi)', 'Parties:': 'Peter Kaberia Kaumbuthu v Teresia N. Gathuita,Judy W. Gathuita & Jane W. Gathuita', 'Date Delivered:': '18 Jun 2019', 'Case Class:': 'Civil', 'Court:': 'Business Premises Rent Tribunal', 'Case Action:': 'Ruling', 'Judge(s):': 'Mbichi Mboroki, Chairman, Business Premises Rent Tribunal', 'Citation:': 'Peter Kaberia Kaumbuthu v Teresia N. Gathuita & 2 others [2020] eKLR', 'Court Division:': 'Tribunal', 'County:': 'Nairobi', 'Disclaimer:': 'The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information'}