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ELCAllowedRent Restriction Tribunal Appeal from Tribunal Case No. 6 of 2016· [2019] KEELC 2085 (KLR)

Sarah N Sakwa v Elizabeth Wamwanyi t/a Namukhosi Ltd & another [2019] KEELC 2085 (KLR)

Environment and Land Court (first appeal from the Rent Restriction Tribunal)
31 July 2019
CYC.K. Yano
1,547 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Rent Restriction Tribunal cannot hear tenancy disputes where rent was freely agreed above Kshs.2,500, so the tenant's case collapsed entirely.

What this practically means

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Executive summary

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The Appellant, a tenant paying agreed monthly rent of Kshs.15,000 for a one-bedroomed house at Shanzu, Mombasa, sued her landlord and his agent at the Rent Restriction Tribunal seeking to restrain eviction, harassment and interference with her quiet occupation, and to deposit rent with the Tribunal. The 2nd Respondent defended, alleging she had become a nuisance to other tenants. On 6th December 2016 the Tribunal, chaired by Hillary K. Korir, gave the Appellant 30 days to vacate subject to payment of rent. The Appellant appealed on nine grounds, principally that the Tribunal lacked jurisdiction because the agreed rent of Kshs.15,000 exceeded the statutory ceiling, that nuisance was unproved, and that vacant possession was ordered though not counterclaimed. The court identified two issues: the Tribunal's jurisdiction and whether its decision was against the weight of the evidence. Holding that the Tribunal is a creature of statute with only such jurisdiction as specifically conferred, and that Section 2 of the Rent Restriction Act excludes dwelling-houses with a standard rent above Kshs.2,500, the court found the agreed rent of Kshs.15,000 removed the premises from the Tribunal's jurisdiction; no assessment of standard rent was called for. The appeal was accordingly allowed, the Tribunal's orders of 6th December 2016 were set aside, and the Plaintiff's suit was dismissed with costs in the Tribunal. Because the Appellant initiated the proceedings, each party was ordered to bear its own costs of the appeal.

Key legal issues

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01

Jurisdiction of the Rent Restriction Tribunal over premises whose agreed rent exceeds Kshs.2,500 standard rent ceiling

Holding

The Tribunal lacked jurisdiction because the rent of Kshs.15,000 was agreed between the parties, not a standard rent, and exceeded the statutory limit; consequently all its orders were a nullity and were set aside.

Reasoning

The Tribunal is a creature of statute with only such jurisdiction as specifically conferred. Section 2 of the Rent Restriction Act excludes dwelling-houses whose standard rent exceeds Kshs.2,500 per month. Standard rent is defined by reference to the rent as at 1st January 1981 or an assessment by the Tribunal. Here the rent was agreed at Kshs.15,000 between landlord and tenant, and the case did not call for assessment of standard rent under Section 5(1)(a). The premises were therefore outside the Act.

p. 2

Legal principles established

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  • The Rent Restriction Tribunal is a creature of statute and has only such jurisdiction as specifically conferred upon it by statute; where the rent was agreed and exceeds the statutory ceiling, the premises fall outside the Tribunal's jurisdiction.

Court orders

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  1. 1.Appeal allowed
  2. 2.Orders of the Tribunal issued on 6th December 2016 in Tribunal Case No. 6 of 2016 set aside
  3. 3.In lieu thereof, the Plaintiff's suit in the Tribunal dismissed with costs
  4. 4.Each party to bear its own costs of this appeal

Authorities

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Legislation

  • Rent Restriction Act (Cap 296)Section 2(1)(c)
  • Rent Restriction Act (Cap 296)Section 2
  • Rent Restriction Act (Cap 296)Section 3
  • Rent Restriction Act (Cap 296)Section 5(1)(a)
  • Rent Restriction Act (Cap 296)Section 6

Cases cited (4)

  • Ignatius Makau Mutisya –v- Reuben Musyoki Muli (2015) eKLR
    (2015) eKLR
  • Electoral and Boundaries Commission & Another –v- Stephen Mutinda Mule & 3 Others (2014) eKLR
    (2014) eKLR
  • Republic –v- Chairman Rent Restriction Tribunal & Another Ex-Parte Ezekiel Machogu & 3 Others (2013) eKLR
    (2013) eKLR
  • Rent Restriction Tribunal –v- Rawal Ex Parte Mayfair Bakeries Limited (1985) KLR 167
    (1985) KLR 167
On appeal from
Rent Restriction Tribunal
6 of 2016
Jurisdiction invoked
First appeal from the Rent Restriction Tribunal under the Rent Restriction Act (Cap 296)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (18)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Sarah N Sakwa v Elizabeth Wamwanyi t/a Namukhosi Ltd & another [2019] KEELC 2085 (KLR)", Case Analysis (2019). Rent Restriction Tribunal Appeal from Tribunal Case No. 6 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2085/eng@2019-07-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.