Republic v Chairman, Rent Restriction Tribunal Ex parte George Odongo Mwimali [2021] KEELC 1958 (KLR)
The bottom line
#The High Court refused to stop a Rent Restriction Tribunal case, telling a landlord to use the Tribunal's own appeal process instead of running to the High Court.
What this practically means
#Executive summary
#Key legal issues
#Requirement of leave for judicial review
Leave is a prerequisite and its grant is discretionary; the court must be satisfied judicial review is the appropriate avenue and consider alternative remedies
Order 53 rule 1 requires leave before any application for certiorari, mandamus or prohibition. The judge held that leave is not granted in all cases; the court must assess whether judicial review is the appropriate avenue and whether alternative remedies exist before exercising its discretion in the applicant's favour.
Jurisdiction of the Rent Restriction Tribunal and standard rent
Whether a tenancy is controlled turns on standard rent, which is a question of fact for the Tribunal to assess under Section 5; the applicant should raise it before the Tribunal and appeal under Section 8(2) if aggrieved
The applicant argued the rent of Kshs. 5,500/= exceeded the statutory limit of Kshs. 2,500/=. The court held that standard rent as defined is not a money equivalent and must be established on evidence before the Tribunal, which is empowered to assess it. An aggrieved party may thereafter appeal to the High Court.
Alternative remedies and exhaustion
The existence of an inbuilt statutory structure with an appellate mechanism counsels against granting leave for judicial review
The court held that where a statute provides a mechanism to address a grievance complete with an appeal, judicial review should be withheld unless it is clear the mechanism cannot do justice. The applicant could apply to the Tribunal for a standard rent assessment and appeal any adverse finding, so judicial review was unnecessary.
Legal principles established
#- Grant of leave to commence judicial review is discretionary and the court must be satisfied that judicial review is the appropriate avenue, considering the existence of alternative remedies
- What constitutes standard rent is a question of fact to be determined by the Rent Restriction Tribunal after taking evidence
- Where an inbuilt statutory mechanism with an appellate avenue exists, the court should be slow to grant leave for judicial review unless the laid-down mechanism cannot do justice
Court orders
#- 1.Leave to commence the proposed judicial review proceedings declined
- 2.The application dismissed
- 3.No orders as to costs
- Jurisdiction invoked
- Order 53 rule 1 of the Civil Procedure Rules - leave to commence judicial review proceedings; judicial review supervisory jurisdiction of the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chairman, Rent Restriction Tribunal Ex parte George Odongo Mwimali [2021] KEELC 1958 (KLR)", Case Analysis (2021). Judicial Review Application (Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1958/eng@2021-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.