[2025] KEBPRT 203 (KLR)
The Tribunal found that the notice to terminate tenancy issued by the Respondent did not comply with the mandatory requirements of Section 4 of Cap 301, rendering it invalid and of no legal consequence. Furthermore, the absence of a written lease agreement established that the relationship between the parties was a...
Source-derived case information.
- Citation
- [2025] KEBPRT 203 (KLR)
- Parties
- Applicant: Esther Wairimu Mbugi t/a Miyako Café; Respondent: Regent Management Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E009 of 2025
- Procedural Posture
- Tribunal Reference / Ruling
- Outcome
- Reference allowed; notice to terminate tenancy declared null and void; costs awarded to Tenant; file closed.
- Judges
- CN Mugambi
- Legal Topics
- Controlled Tenancy, Termination of Tenancy, Statutory Notices
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Wairimu Mbugi t/a Miyako Café
Applicant
Regent Management Limited
Respondent
Procedural Posture
Tribunal Reference / Ruling
Legal Issues
- 1 Whether the notice to terminate tenancy issued by the Respondent complied with Section 4 of Cap 301.
- 2 Whether the tenancy relationship between the parties is a controlled tenancy under Cap 301.
Ratio Decidendi
The Tribunal found that the notice to terminate tenancy issued by the Respondent did not comply with the mandatory requirements of Section 4 of Cap 301, rendering it invalid and of no legal consequence. Furthermore, the absence of a written lease agreement established that the relationship between the parties was a controlled tenancy governed by Cap 301. As the Respondent failed to file any response or demonstrate compliance with the statutory requirements, the Tribunal allowed the Tenant's Reference and declared the notice null and void.
Court Disposition
Reference allowed; notice to terminate tenancy declared null and void; costs awarded to Tenant; file closed.
Orders
- The notice to terminate tenancy dated 16.1.2025 is declared null and void and of no legal consequence.
- The Landlord/Respondent shall bear the costs of the Reference.
Full Case Text
Judgment text and source record
22 paragraphs
Esther Wairimu Mbugi t/a Miyako Café v Regent Management Limited (Tribunal Case E009 of 2025) [2025] KEBPRT 203 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEBPRT 203 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E009 of 2025
CN Mugambi, Chair
March 26, 2025
Between
Esther Wairimu Mbugi t/a Miyako Café
Tenant
and
Regent Management Limited
Agent
Ruling
1. The Tenant’s Reference to the Tribunal under Section 6 of Cap 301 challenges the notice to terminate tenancy issued to the Tenant by the Respondent, an agent of the Landlord. The Tenant’s Reference is the one dated 21. 1.2025.
2. I have perused the notice issued to the Tenant by the Respondent and dated 16. 1.2025. The same does not comply with the requirements of Section 4 of Cap 301 and does not therefore amount to a valid notice and is therefore null and of no consequence.
3. I have made the conclusion that the relationship between the parties amounts to a controlled tenancy governed by the provisions of Cap 301 of the Laws of Kenya in a view of the fact that no written lease agreement has been presented to the Tribunal.
4. The Landlord did not file any responses in this Reference, consequently, and having found that the notice issued to the Tenant by the Respondent contravenes express provisions of Section 4 of Cap 301, I hereby allow the Reference.
5. The notice dated 16. 1.2025 is hereby declared as null and void and of no legal consequence.
6. The Landlord/Respondent will bear the costs of the Reference.
7. This file is hereby closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF MARCH, 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Wambua for the Tenant and in the absence of the Landlord