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