Case ID:170844

Wangui Beatrice Kariuki c Rent Restriction Tribunal Nairobi & another [2021] eKLR

Case Metadata

Case Number:

Judicial Review 5 of 2021

Parties:

Wangui Beatrice Kariuki c Rent Restriction Tribunal Nairobi & Kenneth Ndungu Kabue

Date Delivered:

18 Feb 2021

Case Class:

Civil

Court:

Environment and Land Court at Nairobi

Case Action:

Ruling

Judge(s):

Benard Mweresa Eboso

Citation:

Wangui Beatrice Kariuki c Rent Restriction Tribunal Nairobi & another [2021] eKLR

Court Division:

Environment and Land

County:

Nairobi

Case Outcome:

Mention on 5/5/2021

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 ENVIRONMENT AND LAND COURT

AT NAIROBI

JR. NO. 5 OF 2021

WANGUI BEATRICE KARIUKI........................................................................APPLICANT

=VERSUS=

RENT RESTRICTION TRIBUNAL NAIROBI.....................................1ST RESPONDENT

KENNETH NDUNGU KABUE..............................................................2ND RESPONDENT

EX-PARTE

IN CHAMBERS

RULING

1.

I have considered the

ex-parte

chamber summons dated 4/2/2021. The

ex-parte

applicant seeks leave to bring a judicial review motion to quash the orders made by the

Rent Restriction Tribunal

in

Nairobi Rent Restriction Tribunal Case Number 1774 of 2020

. The application is premised on two principal grounds: (i) the dispute relates to a motor vehicle which has since been transferred to a third party hence the Tribunal does not have jurisdiction to adjudicate the dispute; and (ii) the agreed and/or prevailing rent between the protagonists is Kshs 14,000 per month and the Tribunal therefore has no jurisdiction to entertain the dispute.

2.

The court has considered the gist of the

ex-parte

applicant’s grievance. The court has also considered the evidential materials placed before it. The court is satisfied that there is an arguable case requiring further consideration. Similarly, the court is satisfied that the Tribunal may be usurping jurisdiction which is vested in civil courts and therefore there is need to stay its orders.

3.

Consequently, the court makes the following disposal orders:

1) The ex-parte chamber summons dated 4/2/2021 is allowed in terms of prayers 2, 3 and 4.

2) The Tribunal is nonetheless at liberty to assess the standard rent of the suit premises in terms of the legal framework in the Rent Restriction Act and furnish the parties with a copy of the assessment.

3) The 2nd respondent is at liberty to initiate appropriate proceedings and seek redress in a civil court with jurisdiction to adjudicate the dispute.

4) The ex-parte applicant shall file and serve a substantive motion within 21 days. In default, the leave and the stay order granted herein shall both stand vacated.

5) Mention on 5/5/2021 for further directions.

DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 18TH DAY OF FEBRUARY 2021.

B M EBOSO

JUDGE

In the Presence of: -

Court Clerk: June Nafula