Chege v Rent Restriction Tribunal & another [2025] KEHC 218 (KLR)

Chege v Rent Restriction Tribunal & another (Judicial Review Application E133 of 2024) [2025] KEHC 218 (KLR) (Judicial Review) (17 January 2025) (Ruling)

Neutral citation: [2025] KEHC 218 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E133 of 2024

RE Aburili, J

January 17, 2025

Between

Beatrice Kirigo Chege

Applicant

and

Rent Restriction Tribunal

1st Respondent

Esther Kaluki

2nd Respondent

Ruling

1. The applicant filed the application dated 29/5/2024 on 18/6/2024 seeking for leave to apply for Judicial Review Orders of certiorari and prohibition, challenging the decision of the Rent Restriction Tribunal rendered on 3/6/2024 in RRC E1170 of 2023.

2. I have perused the provisions of Section 8(2) of the Rent Restriction Act (as amended).

3. The Sections provides for appeals against decision of the Tribunal and not Judicial Review. Furthermore, following the establishment and operationalization of the Environment and Land Court, the Act was amended to provide and confer jurisdiction to the Environment and Land Court, instead of the High Court as was the case, previously.

4. Accordingly, I find the application dated 29/5/2024 to be misplaced. It was filed in a court without jurisdiction and in a manner not provided for in law.

5. The application is struck out with no orders as to costs.

6. The file is closed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17TH DAY OF JANUARY, 2025R.E. ABURILIJUDGE