Case ID:165376

Republic v Rent Restriction Tribunal at Nairobi & another Ex parte: Stanley Maelo & another; Mutia Kasyoka (Interested Party) [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application E1113 of 2020

Parties:

Republic v Rent Restriction Tribunal at Nairobi & Chairman, Rent Restriction Tribunal at Nairobi Ex parte: Stanley Maelo & Nicholas Masaba; Mutia Kasyoka (Interested Party)

Date Delivered:

30 Sep 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Rent Restriction Tribunal at Nairobi & another Ex parte: Stanley Maelo & another; Mutia Kasyoka (Interested Party) [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Application allowed

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

IN THE HIGH COURT OF KENYA

AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. E1113 OF 2020

BETWEEN

REPUBLIC......................................................................................................APPLICANT

VERSUS

RENT RESTRICTION TRIBUNAL AT NAIROB.................................1

ST

RESPONDENT

CHAIRMAN, RENT RESTRICTION TRIBUNAL AT NAIROBI........2

ND

RESPONDENT

AND

DR. MUTIA KASYOKA...................................................................INTERESTED PARTY

EX PARTE:

1. STANLEY MAELO

2. NICHOLAS MASABA

RULING

The Application

1. The

ex parte

Applicants herein have filed an application by way of a Chamber Summons dated 26

th

September 2020, seeking the following orders:

1. THAT

this application be certified as urgent and service be dispensed with in the first instance.

2. THAT

leave be granted to the Petitioners/Applicants to apply for Judicial Review orders and for the orders of Certiorari, prohibition and mandamus against the decision of the Chairman Rent Restriction Tribunal-Nairobi, made on 5

th

August 2020.

3. THAT

the grant of leave to commence Judicial Review process to act as a stay against the execution of the said decision by the Chairman Rent Restriction Tribunal at Nairobi made on the 5

th

August 2020.

4. THAT

costs of this application be provided for.

2. The application is supported by the grounds on its face, and a supporting affidavit sworn by the 1

st

Applicant on 26

th

September 2020, wherein it is averred that the impugned decision of 5

th

August 2020 was made by the 2

nd

Respondent in the 1

st

Respondent’s Tribunal Case Number 1125 of 2020 in the following terms:

1. “THAT

the application is hereby certified as urgent and heard exparte in the first instance.

2. THAT

the Defendants/Respondents are hereby ordered to reconnect water and electricity supply to the suit premises forthwith.

3. THAT

the Defendants/Respondents, their servants, employees and or agents are hereby restrained from disconnecting water and electricity, evicting, harassing the plaintiff/tenant and or in any other manner interfering with his tenancy pending the hearing of the application interpartes.

4. THAT

the plaintiff/tenant is to pay the outstanding arrears in instalments together with accrued rent so as to have cleared within 90 days.

5. THAT

the OCS Muthangari Police Station do ensure compliance of these orders.

6. THAT

the Defendants/Respondents are to be served for interpartes hearing within 30 days.”

3. It is evident that the

ex parte

Applicants are seeking orders in relation to the title, use and occupation of land in the said application. Any disputes and orders sought in relation to title to and occupation of land now fall within the exclusive jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act.

4. This Court therefore has no jurisdiction to hear and determine the Chamber Summons dated 26

th

September 2020.

The Orders

5. In the premises I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The

ex parte

Applicants’ Chamber Summons dated 26

th

September 2020 shall accordingly be placed before the

Duty Judge

at the

Environment and Land Court at Nairobi

on

12

th

October 2020

, for directions.

6. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the

ex parte

Applicants, and to the Deputy Registrar of the Environment and Land Court at Nairobi, by close of business on 5

th

October 2020.

7. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 30

TH

DAY OF SEPTEMBER 2020

P. NYAMWEYA

JUDGE