MARTHA KOOME follows in DPP NOORDIN HAJI’s footsteps as Judiciary announces the mass collapse of cases and Kenyans can’t keep quiet about it – Look!

 

Monday, December 5, 2022 – Chief Justice Martha Koome seems to have emulated Director of Public Prosecutions (DPP) Noordin Haji.

This is after she announced her intentions to dismiss several cases just like Haji is doing.

Koome, through the Judiciary public notice dated December 5, 2022, announced her intention to dismiss rent dispute cases filed between 1991 and 2017.

The cases affected are those that were filed in various Nairobi Law Courts through the Rent Restriction Tribunal.

“All advocates and litigants should take notice that the tribunal intents to dismiss pending matters filed in Nairobi between 1991 and 2017,” the notice from The Judiciary read in part.

The tribunal however gave a reprieve to attorneys who might not want their cases dismissed.

“Advocates and litigants are invited to fix dates at the registry within the next 30 days from the date hereof,” Chairman of the tribunal Hilary Korir advised.

The Judiciary warned that cases will be automatically dismissed after the 30-day window lapses.

“If no step is taken towards fixing new dates, the cases will be dismissed for want of prosecution without any further reference to the advocates and litigants,” Korir warned.

The Rent Restriction Tribunal will use powers granted through Order 17 Rule 2 of the Civil Procedure Rules, 2010.

The order states in part, “In any suit in which no application has been made or step taken by either party for one year, the court may give notice in writing to the parties to show cause why the suit should not be dismissed, and if cause is not shown to its satisfaction, may dismiss the suit.”

The tribunal is established under Section 4 (1) of the Rent Restriction Act Cap 296, Laws of Kenya.

It determines disputes between landlords and tenants as long as the houses do not have rent exceeding Sh2500.

The tribunal also makes regulations to determine rent increases as well as disputes between landlord and tenants concerning costs involved in tenancy like repairs of house, recovery or rent arrears, refund of deposits, eviction, and recovery of possession.