JUDGMENT
Law JA This appeal raises a single point, but one which is of great importance to landlords and tenants and to the legal profession. The question is whether the Rent Restriction Act (Cap 296) hereinafter referred to as (“the Act”) applies to dwelling houses erected after January 1, 1965. One would have thought that so basic a matter would be specifically dealt with in the Act itself, but it is not.
The appellants (“the landlords”) own a block of flats in Nairobi. The block was built in 1972. The respondent (“the tenant”) has occupied one flat in the block since February 1, 1975, and has regularly paid rent at the monthly rate of Kshs 700. This is evidenced by his rent book, issued to him by the landlords, which is headed —
“Tenancy commenced February 1, 1975. Standard rent Kshs 700 per month Payable rent Kshs 700 per month.”
It is not in dispute that the landlords in 1976 applied to the Rent Restriction Tribunal at Nairobi for the assessment of the standard rent of all the flats …