[2025] KEBPRT 278 (KLR)

[2025] KEBPRT 278 (KLR)

The Tribunal found that the notices of termination issued by the landlady did not comply with the mandatory requirements of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. The notices were not in the prescribed form, did not provide the statutory two months' notice, and failed to specify legally recognized grounds for termination. As such, the notices were unlawful, null, and void. The Tribunal held that the tenant was entitled to quiet possession of the premises and immediate restoration of electricity. The Tribunal also awarded costs to the tenant, to be offset against rent, as the successful party. The statutory framework governing controlled tenancies is...

Citation
[2025] KEBPRT 278 (KLR)
Parties
Applicant: Beth Wangui Karanja; Respondent: Agnes Nkirote Gitonga
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
28 April 2025
Case Number
Tribunal Case E1259 of 2024
Procedural Posture
Tribunal Application / Ruling on Notice of Motion and Reference
Outcome
Application and reference allowed; tenant granted quiet possession and restoration of electricity; costs awarded to tenant.
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Termination of Tenancy, Statutory Notices, Quiet Possession, Landlord Tenant Disputes
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Termination of Tenancy Statutory Notices Quiet Possession Landlord Tenant Disputes

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Parties

Beth Wangui Karanja

Applicant

Agnes Nkirote Gitonga

Respondent

Procedural Posture

Tribunal Application / Ruling on Notice of Motion and Reference

Legal Issues

  1. 1 Whether the notices of termination issued by the landlady to the tenant complied with the statutory requirements under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
  2. 2 Whether the tenant is entitled to quiet possession and reconnection of electricity to the demised premises.
  3. 3 Who should bear the costs of the proceedings.

Ratio Decidendi

The Tribunal found that the notices of termination issued by the landlady did not comply with the mandatory requirements of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. The notices were not in the prescribed form, did not provide the statutory two months' notice, and failed to specify legally recognized grounds for termination. As such, the notices were unlawful, null, and void. The Tribunal held that the tenant was entitled to quiet possession of the premises and immediate restoration of electricity. The Tribunal also awarded costs to the tenant, to be offset against rent, as the successful party. The statutory framework governing controlled tenancies is...

Court Disposition

Application and reference allowed; tenant granted quiet possession and restoration of electricity; costs awarded to tenant.

Orders

  • The reference and application both dated 14/11/2024 are allowed; the tenant shall be allowed complete quiet possession of shop No. 2 at Boon Apartments, Roysambu, Nairobi.
  • The landlady shall immediately restore electricity power within the demised premises and not interfere with the same.