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steps of instituting a matter in the rent restriction tribunal

Introduction

This response will outline the steps involved in instituting a matter before the Rent Restriction Tribunal in Kenya. The information provided is based on the Rent Restriction Act, Cap 296, Laws of Kenya.

Table of Contents

1. Jurisdiction of the Rent Restriction Tribunal

2. Procedure for Instituting a Matter

   1. Filing a Complaint

   2. Service of the Complaint

   3. Response to the Complaint

   4. Hearing

   5. Decision

3. Conclusion

1. Jurisdiction of the Rent Restriction Tribunal

The Rent Restriction Tribunal is established under the Rent Restriction Act, Cap 296, Laws of Kenya. The Tribunal has jurisdiction to hear and determine disputes relating to rent, tenancy agreements, and other matters related to rented premises.

• Article 165(1) of the Constitution of Kenya states that the High Court has original jurisdiction in all civil and criminal matters.

• Section 3 of the Rent Restriction Act provides that the Tribunal has jurisdiction to hear and determine disputes relating to rent, tenancy agreements, and other matters related to rented premises.

2. Procedure for Instituting a Matter

The following steps are involved in instituting a matter before the Rent Restriction Tribunal:

2.1 Filing a Complaint

• Section 10 of the Rent Restriction Act outlines the procedure for filing a complaint.

• The complaint must be in writing and must be filed with the Secretary of the Tribunal.

• The complaint must state the name and address of the complainant and the respondent, the nature of the dispute, and the relief sought.

• The complaint must be accompanied by the prescribed fee.

2.2 Service of the Complaint

• Section 11 of the Rent Restriction Act outlines the procedure for serving the complaint.

• The complaint must be served on the respondent by the Secretary of the Tribunal.

• Service can be effected by personal service, registered post, or any other method prescribed by the Tribunal.

2.3 Response to the Complaint

• Section 12 of the Rent Restriction Act outlines the procedure for responding to the complaint.

• The respondent must file a written response to the complaint within 14 days of service.

• The response must state the respondent's defence to the complaint.

2.4 Hearing

• Section 13 of the Rent Restriction Act outlines the procedure for conducting a hearing.

• The Tribunal will set a date for the hearing of the matter.

• Both the complainant and the respondent will have the opportunity to present their case and call witnesses.

2.5 Decision

• Section 14 of the Rent Restriction Act outlines the procedure for making a decision.

• The Tribunal will make a decision based on the evidence presented at the hearing.

• The decision of the Tribunal is final and binding on the parties.

3. Conclusion

The Rent Restriction Tribunal plays a crucial role in resolving disputes related to rented premises in Kenya. The procedure for instituting a matter before the Tribunal is outlined in the Rent Restriction Act, Cap 296, Laws of Kenya. The process involves filing a complaint, serving the complaint on the respondent, responding to the complaint, attending a hearing, and receiving a decision from the Tribunal.