Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedJudicial Review (Chamber Summons) Application dated 8th October 2019 (Leave Stage)· [2020] KEELC 1797 (KLR)

Republic v Chairman Rent Restriction Tribunal Exparte Gatanga Mugitiri Company Limited; Samuel Maina Munene (Interested Party) [2020] KEELC 1797 (KLR)

High Court of Kenya
9 July 2020
LKL. Komingoi
368 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

The High Court allowed a company to challenge Rent Tribunal proceedings and paused those proceedings while the main challenge is prepared and heard.

What this practically means

#

Executive summary

#
This was a chamber summons dated 8th October 2019 by Gatanga Mugitiri Company Limited, the ex parte applicant, brought under Order 53 of the Civil Procedure Rules, Sections 8 and 9 of the Law Reform Act (Cap 26), Section 2(1)(c) of the Rent Restriction Act (Cap 296) and Sections 1A, 1B and 3A of the Civil Procedure Act. The applicant sought leave to apply for judicial review orders of certiorari to quash the proceedings, ruling and consequential orders of the Chairman of the Nairobi Rent Tribunal in Nairobi Rent Tribunal Case No. 1001 of 2018 (Samuel Maina Munene vs Gatanga Mugitiri Company Limited), and leave to apply for orders of prohibition restraining the 1st respondent from hearing or determining that case. It also sought that any leave granted operate as a stay of the tribunal's decision and consequential orders pending the substantive judicial review application, together with costs. The application was supported by the verifying affidavit of Gatanga Mugitiri sworn on 8th October 2019. Mr. Gitau appeared for the applicant and there was no appearance for the respondents. Justice L. Komingoi, considering the chamber summons, granted leave in the circumstances, directed the ex parte applicant to file and serve the substantive motion within twenty-one days, ordered that the leave operate as a stay pending determination of the substantive motion, and directed that costs be in the cause.

Key legal issues

#
01

Whether leave ought to issue for the intended judicial review of the Rent Tribunal proceedings

Holding

Leave was granted in the circumstances presented, on the strength of the chamber summons supported by the verifying affidavit of Gatanga Mugitiri

Reasoning

The court considered the chamber summons dated 8th October 2019 brought under Order 53 of the Civil Procedure Rules, Sections 8 and 9 of the Law Reform Act and Section 2(1)(c) of the Rent Restriction Act, together with the grounds on the face of the application and the supporting verifying affidavit, and found the circumstances sufficient to grant leave to apply for certiorari and prohibition. The court also directed the filing of the substantive motion within twenty-one days and directed that the leave operate as a stay.

p. 1

Legal principles established

#
  • Leave granted to apply for judicial review may operate as a stay of the impugned tribunal decision pending the hearing and determination of the substantive motion

Court orders

#
  1. 1.Leave granted to apply for judicial review orders of certiorari and prohibition in respect of Nairobi Rent Tribunal Case No. 1001 of 2018
  2. 2.The ex parte applicant to file and serve a substantive motion within twenty-one (21) days from the date of the ruling
  3. 3.The leave granted to operate as a stay pending the hearing and determination of the substantive motion
  4. 4.Costs to be in the cause

Authorities

#

Legislation

  • Civil Procedure RulesOrder 53
  • Law Reform Act Cap 26 Laws of KenyaSections 8 and 9
  • Rent Restriction Act Cap 296Section 2(1)(c)
  • Civil Procedure ActSections 1A, 1B and 3A
Jurisdiction invoked
Order 53 of the Civil Procedure Rules; Sections 8 and 9 of the Law Reform Act (Cap 26); Section 2(1)(c) of the Rent Restriction Act (Cap 296); Sections 1A, 1B and 3A of the Civil Procedure Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Republic v Chairman Rent Restriction Tribunal Exparte Gatanga Mugitiri Company Limited; Samuel Maina Munene (Interested Party) [2020] KEELC 1797 (KLR)", Case Analysis (2020). Judicial Review (Chamber Summons) Application dated 8th October 2019 (Leave Stage). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1797/eng@2020-07-09

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