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ELCDismissed· [2022] KEELC 3217 (KLR)

Malala v Omondi & 4 others; Oluanda (Interested Party) (Miscellaneous Application E017 of 2022) [2022] KEELC 3217 (KLR)

High Court of Kenya (not expressly stated in the judgment; the court declined jurisdiction in favour of the Rent Restriction Tribunal)
9 June 2022
769 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan landlord asking the High Court to jail tenants for defying Rent Restriction Tribunal orders was told to enforce those orders through the Tribunal itself.

What this practically means

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Executive summary

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The Applicant, who purchased a house with several rented rooms at Kibera Mashimoni in 2009, moved the court by Notice of Motion dated 26th January, 2022 seeking to cite the Respondents (his tenants) for contempt of orders issued by the Rent Restriction Tribunal in Tribunal Case No. 290 of 2015. By a direction of 7th May, 2015 and orders of 13th October, 2015, the Tribunal's Chairman directed the tenants to pay rent through the Tribunal on or before the 10th day of every month, and stayed the matter pending High Court proceedings on succession and ownership. The Applicant sought committal to civil jail and a fine of Kshs. 200,000.00, payment of outstanding rent of Kshs. 1,322,800.00, payment of electricity bills of Kshs. 445,000.00, and costs. The Respondents and the Interested Party filed no reply. The court held that the Rent Restriction Act, under Section 7, prescribes the manner in which a person who disobeys a Tribunal order is to be punished - by fine not exceeding two thousand shillings or imprisonment not exceeding six months, or both. Applying the doctrine of exhaustion, the court reasoned that the Applicant should have moved the Tribunal for enforcement, particularly as the matter remains pending there, and declined to exercise its original contempt jurisdiction under the Judicature Act. The Notice of Motion was dismissed with no order as to costs.

Key legal issues

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01

Whether the High Court should exercise its contempt jurisdiction under the Judicature Act to enforce Rent Restriction Tribunal orders

Holding

No. The court declined to punish the alleged contemnors because Section 7 of the Rent Restriction Act prescribes the penalty for failure to comply with Tribunal orders and the matter remains pending before the Tribunal.

Reasoning

Section 7 of the Rent Restriction Act makes failure to comply with a lawful Tribunal order a statutory offence punishable by a fine not exceeding two thousand shillings or imprisonment for a term not exceeding six months, or both. Given that statutory scheme and the doctrine of exhaustion, the Applicant was required to move the Tribunal itself for enforcement. Since the underlying matter is still pending before the Tribunal, the court declined to exercise its original contempt jurisdiction under the Judicature Act and dismissed the motion.

p. 2

Legal principles established

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  • Where a statute (here the Rent Restriction Act) prescribes the manner in which disobedience of a tribunal's orders is to be punished, an aggrieved party must invoke that procedure before approaching the High Court, per the doctrine of exhaustion.

Court orders

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  1. 1.The Notice of Motion dated 26th January, 2022 is dismissed with no order as to costs

Authorities

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Legislation

  • Rent Restriction ActSection 7
  • Judicature Act
Jurisdiction invoked
Original jurisdiction to punish contempt under the Judicature Act, which the court declined to exercise in favour of the Rent Restriction Tribunal under Section 7 of the Rent Restriction Act and the doctrine of exhaustion

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, "Malala v Omondi & 4 others; Oluanda (Interested Party) (Miscellaneous Application E017 of 2022) [2022] KEELC 3217 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3217/eng@2022-06-09

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