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ELCAllowedELC JR Misc Application No. 50 of 2019 (Formerly JR. Misc. Application No. 299 of 2019)· [2021] KEELC 536 (KLR)

Republic v Chairman, Rent Restriction Tribunal & another Ex Parte Gatanga Mugitiri Company Limited; Samuel Maina Munene (Interested Party) [2021] KEELC 536 (KLR)

Environment and Land Court
25 November 2021
LKL. Komingoi
2,046 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 can only handle tenancies with rent of Kshs.2,500 or less per month; proceedings involving higher rent are void.

What this practically means

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Executive summary

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This was a judicial review motion by Gatanga Mugitiri Company Limited seeking certiorari and prohibition against proceedings before the Rent Restriction Tribunal in Nairobi Rent Tribunal Case No. 1001 of 2018, instituted by its tenant Samuel Maina Munene (the interested party). The ex parte applicant contended that the Tribunal, established under the Rent Restriction Act (Cap 296), only had jurisdiction over protected tenancies with standard rent not exceeding Kshs.2,500 per month under Section 2(1)(c), whereas the rent here was Kshs.25,000 per month, evidenced by invoices. The Chairman had on 14th August 2019 dismissed the applicant's preliminary objection on jurisdiction, holding that parties should apply for standard rent. The respondents were served but filed no response. Justice L. Komingoi framed three issues: the Tribunal's jurisdiction, entitlement to relief, and costs. Relying on Owners of the Motor Vessel 'Lilian S' and Samuel Kamau Macharia on the fundamental nature of jurisdiction, and on prior High Court decisions including Agatha Njoki Mwangi and Simon Ngure Ngatia, the court held that the Tribunal lacked jurisdiction where rent exceeded Kshs.2,500 per month, making the ruling of 14th August 2019 a nullity. The court allowed the motion, issuing certiorari quashing the proceedings, ruling and consequential orders, and prohibition barring the Chairman from further hearing the matter. Each party was ordered to bear its own costs.

Key legal issues

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01

Jurisdiction of the Rent Restriction Tribunal over tenancies with rent exceeding Kshs.2,500 per month

Holding

The Tribunal lacked jurisdiction because the rent was Kshs.25,000 per month, far above the statutory cap; its ruling was a nullity and was quashed.

Reasoning

Section 2(1)(c) of the Rent Restriction Act excludes dwelling-houses whose standard rent exceeds Kshs.2,500 monthly. The ex parte applicant produced invoices showing the interested party paid Kshs.25,000 monthly. Following Owners of the Motor Vessel 'Lilian S' and Samuel Kamau Macharia, a tribunal without jurisdiction cannot take any step; its proceedings are a nullity. The Chairman's dismissal of the preliminary objection was therefore ultra vires and quashed, with prohibition issuing.

p. 3

Legal principles established

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  • Where the standard rent of a dwelling-house exceeds Kshs.2,500 per month, the Rent Restriction Act does not apply and the Rent Restriction Tribunal has no jurisdiction over disputes concerning such a tenancy.

Court orders

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  1. 1.An order of certiorari issued to remove and quash the proceedings, ruling and consequential orders of the Chairman in Nairobi Rent Tribunal Case No 1001 of 2018; Samuel Maina Munene vs Gatanga Mugitiri Company Limited
  2. 2.An order of prohibition issued restraining the 1st Respondent from hearing and determining Nairobi Rent Tribunal Case No 1001 of 2018; Samuel Maina Munene vs Gatanga Mugitiri Company Limited
  3. 3.Each Party shall bear own costs

Authorities

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Legislation

  • Law Reform ActSections 8 and 9
  • Civil Procedure RulesOrder 53
  • Rent Restriction Act (Cap 296)Section 2(1)(c) and Section 4
  • Civil Procedure ActSections 1A, 1B and 3A

Cases cited (7)

  • Owners of the Motor Vessel "Lilian S" vs Caltex Oil (Kenya) Ltd
    [1989] KLR 1
  • Samuel Kamau Macharia & Another vs Kenya Commercial Bank Limited & 2 Others
    [2012] eKLR
  • Bosire Ongero vs Royal Media Services
    [2015] eKLR
  • Alvin Kamande Njenga vs Gacheru
    [2016] eKLR
  • Republic vs Chairman, Rent Restriction Tribunal & 2 Others Ex Parte Agatha Njoki Mwangi
    [2015] eKLR
  • Republic vs Rent Restriction Tribunal Exparte Simon Ngure Ngatia & Another
    [2014] eKLR
  • Republic vs Chairman Rent Restriction Tribunal & Another Exparte Ezekiel Machogu & 3 Others
    [2013] eKLR
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act (Cap 26) and Order 53 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Chairman, Rent Restriction Tribunal & another Ex Parte Gatanga Mugitiri Company Limited; Samuel Maina Munene (Interested Party) [2021] KEELC 536 (KLR)", Case Analysis (2021). ELC JR Misc Application No. 50 of 2019 (Formerly JR. Misc. Application No. 299 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/536/eng@2021-11-25

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