[2021] KEBPRT 322 (KLR)
The tribunal found that the tenant was in rent arrears of Kshs 120,000 and had not filed any response to the landlord's application. Taking into account the tenant's earlier explanation regarding the impact of the Covid-19 pandemic, the tribunal granted the tenant thirty days to pay the arrears. If the tenant failed...
Source-derived case information.
- Citation
- [2021] KEBPRT 322 (KLR)
- Parties
- Applicant: Francis Muthui Makau; Respondent: David Musyoka Mbiti
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E186 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Rent Arrears
- Outcome
- landlord's application allowed with conditions
- Legal Topics
- Landlord Tenant Disputes, Rent Arrears, Distress for Rent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Muthui Makau
Applicant
David Musyoka Mbiti
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Rent Arrears
Legal Issues
- 1 Whether the tenant is in rent arrears and liable to pay the outstanding amount.
- 2 Whether the landlord is entitled to levy distress for rent if arrears are not paid.
- 3 Whether the tenant is entitled to waiver of the 10% duty filing fees on distress.
Ratio Decidendi
The tribunal found that the tenant was in rent arrears of Kshs 120,000 and had not filed any response to the landlord's application. Taking into account the tenant's earlier explanation regarding the impact of the Covid-19 pandemic, the tribunal granted the tenant thirty days to pay the arrears. If the tenant failed to pay within this period, the landlord was granted liberty to levy distress for the outstanding rent. The tribunal declined to waive the 10% duty filing fees on distress and ordered that the costs of the application be borne by the tenant. The landlord's reference was allowed in the terms set out in the ruling.
Court Disposition
landlord's application allowed with conditions
Orders
- The tenant shall pay rent arrears of Kshs 120,000 within thirty (30) days from the date of the ruling.
- If the tenant fails to pay as ordered, the landlord is at liberty to levy distress for the said rent arrears.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO E186 OF 2021 (NAIROBI)
FRANCIS MUTHUI MAKAU............................................................LANDLORD/APPLICANT
VERSUS
DAVID MUSYOKA MBITI...................................................................TENANT/RESPONDENT
RULING
1. The parties herein appeared virtually before the Tribunal on 14th July 2021 for the hearing of the Landlord’s application dated 8th June 2021. On that day, the Tenant was granted seven days to file his replying affidavit and the matter was fixed for hearing on 10th August 2021. The Tenant did not attend court on 10th August 2021. On the said date, the counsel for the Landlord indicated that the rent outstanding was Kshs 120,000/- the Tenant having paid only Kshs 10,000/-.
2. The Tenant had earlier on14th July 2021 indicated to the court that he was in rent arrears due to the covid 19 pandemic and that he was in the business of supplying schools with goods.
3. I do note that the Tenant/Respondent has not filed any response to the Landlord’s application. The Landlord has applied that his application be allowed as prayed.
4. Taking the Tenant’s concerns of 14th July 2021 into consideration, I do make the following orders as regards the Landlord’s application dated 8th June 2021.
a. That the Tenant will pay the rent arrears of Kshs 120,000/- within the next thirty (30) days from the date hereof.
b. That the Tenant failing to pay the rent arrears as ordered above, the Landlord be and is at liberty to levy distress for the said rent arrears.
c. That the OCS High Rise Police Station does ensure compliance with these orders and maintain the peace during the execution of these court orders.
d. That the prayer for waiver of the 10% duty filing fees on distress is declined.
e. That the costs of the application be borne by the Tenant.
f. That the Landlord’s reference dated 8th June 2021 is allowed in the terms above.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Ruling dated, signed and delivered virtually by Hon Cyprian Mugambi Nguthari this 9thday of Septemberin the presence of Kamauforthe Applicantand in the absence of the Applicant/Tenant.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL