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steps of instituting a matter in the rent restriction tribunal

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Introduction
Steps of Instituting a Matter in the Rent Restriction Tribunal 2.1. Filing a Complaint 2.2. Service of the Complaint 2.3. Response to the Complaint 2.4. Pre-Trial Conference 2.5. Hearing 2.6. Determination 2.7. Appeal
Conclusion

Introduction

This response will outline the steps involved in instituting a matter in the Rent Restriction Tribunal in Kenya. The Rent Restriction Tribunal is a specialized tribunal established under the Rent Restriction Act, Cap 296, Laws of Kenya, to adjudicate disputes arising from tenancy agreements.

Steps of Instituting a Matter in the Rent Restriction Tribunal

2.1. Filing a Complaint

The first step in instituting a matter in the Rent Restriction Tribunal is filing a complaint. The complaint must be in writing and must contain the following information:

The names and addresses of the parties involved. This includes the landlord and the tenant.
A clear statement of the nature of the dispute. This could include issues such as rent arrears, eviction, repairs, or other breaches of the tenancy agreement.
The relief sought. This could include an order for payment of rent arrears, an order for eviction, or an order for repairs.
The grounds for the complaint. This should be supported by evidence, such as copies of the tenancy agreement, receipts, or other relevant documents.

Source: Rent Restriction Act, Cap 296, Laws of Kenya, Section 10(1).

2.2. Service of the Complaint

Once the complaint is filed, the Tribunal will serve a copy of the complaint on the other party. This is done by registered post or by any other method that ensures the other party receives the complaint.

Source: Rent Restriction Act, Cap 296, Laws of Kenya, Section 11.

2.3. Response to the Complaint

The party served with the complaint has 14 days to file a response. The response must be in writing and must address the allegations made in the complaint. The respondent may also file a counterclaim if they have any claims against the complainant.

Source: Rent Restriction Act, Cap 296, Laws of Kenya, Section 12.

2.4. Pre-Trial Conference

After the response is filed, the Tribunal may hold a pre-trial conference. The purpose of the pre-trial conference is to:

Identify the issues in dispute.
Set a timetable for the case.
Encourage the parties to settle the dispute out of court.

Source: Rent Restriction Act, Cap 296, Laws of Kenya, Section 13.

2.5. Hearing

If the dispute is not settled at the pre-trial conference, the matter will proceed to a hearing. At the hearing, the parties will present their evidence and arguments to the Tribunal. The Tribunal will then make a determination based on the evidence presented.

Source: Rent Restriction Act, Cap 296, Laws of Kenya, Section 14.

2.6. Determination

The Tribunal's determination must be in writing and must state the reasons for the decision. The determination is binding on the parties.

Source: Rent Restriction Act, Cap 296, Laws of Kenya, Section 15.

2.7. Appeal

The parties have the right to appeal the Tribunal's determination to the High Court. The appeal must be filed within 30 days of the date of the determination.

Source: Rent Restriction Act, Cap 296, Laws of Kenya, Section 16.

Conclusion

Instituting a matter in the Rent Restriction Tribunal is a relatively straightforward process. The Act provides a clear framework for resolving disputes arising from tenancy agreements. However, it is important to note that the Tribunal's jurisdiction is limited to matters relating to rent and tenancy agreements. Other disputes, such as those relating to ownership of the property, are outside the Tribunal's jurisdiction.