[2022] KEBPRT 54 (KLR)
The Tribunal found that the information before it was insufficient to make a final determination on the legality of the notice to vacate, the quantum of rent arrears, and the alleged reduction of lettable space. In the interest of justice, the Tribunal ordered a rent inspector to assess the premises and both parties...
Source-derived case information.
- Citation
- [2022] KEBPRT 54 (KLR)
- Parties
- Applicant: Joseph Kibor Lelei; Respondent: Joseph Kinikina; Interested Party: Abraham Kunikina
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E072 of 2021
- Procedural Posture
- Tribunal Application / Interlocutory Ruling on Applications for Rent Review, Arrears, and Addition of Interested Party
- Outcome
- Interlocutory orders issued; final determination deferred pending inspection and valuation.
- Legal Topics
- Business Premises Rent, Lease Termination, Rent Arrears, Rent Review, Subletting Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kibor Lelei
Applicant
Joseph Kinikina
Respondent
Abraham Kunikina
Interested Party
Procedural Posture
Tribunal Application / Interlocutory Ruling on Applications for Rent Review, Arrears, and Addition of Interested Party
Legal Issues
- 1 Whether the notice to vacate served by the Landlord was legal and enforceable.
- 2 Whether the Tenant owes rent arrears and the quantum thereof.
- 3 Whether the Tenant unlawfully sublet the premises.
Ratio Decidendi
The Tribunal found that the information before it was insufficient to make a final determination on the legality of the notice to vacate, the quantum of rent arrears, and the alleged reduction of lettable space. In the interest of justice, the Tribunal ordered a rent inspector to assess the premises and both parties to file independent valuations. Pending these reports, the Tribunal set an interim rent of Kshs 20,000 per month from 1st January 2022 and allowed the Landlord to distress for rent if arrears were not settled by 30th March 2022. The matter was set for mention to confirm compliance and schedule a hearing for the substantive reference.
Court Disposition
Interlocutory orders issued; final determination deferred pending inspection and valuation.
Orders
- A rent inspector to visit the premises within 30 days in the presence of all parties and file a report on lettable space, general business in the area, and state of repair.
- Each party to file a valuation for rent within the next 30 days.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL AT NAIROBI
TRIBUNAL CASE NO. E072 OF 2021 (KAKAMEGA)
JOSEPH KIBOR LELEI................................................TENANT/APPLICANT
VERSUS
JOSEPH KINIKINA.............................................LANDLORD/RESPONDENT
ABRAHAM KUNIKINA..................................................INTERESTED PARTY
RULING
1. The Tenant and Landlord entered into a lease dated 16th January 2016 which was to run for a 5-year period ending 31st December 2021 having previously been on a lease from 21st July 2011.
2. Rent was payable @Kshs 25,000 on or before the 15th of each month.
3. The Tenant claims that the Landlord served him with a notice on 7th September 2021 which was illegal giving him 3 months to vacate.
4. The agreement states that upon termination, new terms can be discussed and/or premises handed over.
5. The Landlord claims rent owing is Kshs 185,000/- and that the Tenant has sublet the premises which is illegal.
6. In addition, the Landlord has filed an application dated 22nd November 2021 to add the interested party, Abraham (his son) and increase rent from 1st January 2022 to Kshs 40,000/- and also to be paid arrears of Kshs 185,000/-.
7. The court ordered rent arrears of 3 months to be paid. The same was not paid as at the time the Tribunal was retreating to write this ruling.
8. The Tenant has explained a detailed chronology of events between him and the Landlord on rent, reduced space, etc. Some of the incidents were reported to the police and OB numbers produced.
9. Having considered the above and in the interest of justice, I find the information I have not sufficient enough to make a complete determination. I will therefore order as follows on the 2 applications before me.
a. A rent inspector to visit the premises in 30 days in the presence of all parties to make a report on the space lettable by the Tenant whether reduced or not general business in the area and state of repair of the premises.
b. Valuation for rent to be done by each party and filed in the next 30 days.
c. In the interim, the Tenant to pay Kshs 20,000/- as rent from 1st January 2022 to date.
d. The Landlord is at liberty to distress for rent by 30th March 2022 if not paid by then.
e. Mention on 3rd May 2022 to confirm compliance and take a date for the reference hearing.
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
Ruling dated, signed and delivered virtually by Hon A. Muma this 4thday ofMarch, 2022 in the presence of Abraham Kunikina (in person).
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL