Sauri & 7 others v Postal Corporation of Kenya Staff Pension Scheme & another [2023] KERRT 1183 (KLR)

Sauri & 7 others v Postal Corporation of Kenya Staff Pension Scheme & another (Tribunal Case E872 of 2022) [2023] KERRT 1183 (KLR) (14 April 2023) (Ruling)

Neutral citation: [2023] KERRT 1183 (KLR)

Republic of Kenya

In the Rent Restriction Tribunal

Tribunal Case E872 of 2022

HK KORIR, Chair

April 14, 2023

Between

Isaac Mukung Sauri

1st Plaintiff

Eunice Rotich

2nd Plaintiff

Flora N. Tumbo

3rd Plaintiff

Alice Yator

4th Plaintiff

Nathan N. Wanyonyi

5th Plaintiff

Job Nyamao

6th Plaintiff

Jane Onsando

7th Plaintiff

and

Rachael N. Magu

Petitioner

and

Postal Corporation of Kenya Staff Pension Scheme

1st Defendant

Laser Properties Limited

2nd Defendant

Ruling

1. The defendants objected to the Tribunal Jurisdiction in respect of the subject premises hereon by way of a replying affidavit filed on 9th November, 2022.

2. The Defendants had issued notice for the increment of rent from Kshs. 16,000/- to Kshs. 30,000/- per unit which the Plaintiffs opposed by filling these proceedings for injunctive orders against the increment.

3. The Defendant stated that the Tribunals Jurisdiction is pegged at Standard rent ceiling of Kshs. 2,500/- and that the subject premises fall outside as it attracts an agreed rent of Kshs. 16. 000/- for the last 17years.

4. The Defendant further submitted that the sum of Kshs. 30,000/- was not arrived at arbitrarily as it had carried out an assessment as per the assessment report dated 24th September, 2021.

5. In view of the definition of “standard rent” under section 3of Cap296 and the Supreme Court’s ruling in the case of Samuel K. Macharia and others v KCB“That a court Jurisdiction flows from either the constitution or legislation or both”the Defendants are directed to apply for assessment of Standard rent before further orders are granted.

6. It is also worth noting that the Plaintiffs had in their Application applied for assessment of standard rent.

RULING ISSUED IN CHAMBER ON THIS 14TH DAY OF APRIL, 2023 IN ACCORDANCE WITH THE COVID-19 PRACTICE REGULATIONS.SIGNEDHILLARY K. KORIRCHAIRMANRENT RESTRICTION TRIBUNAL