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
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 KCBthe 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