[2021] KEBPRT 124 (KLR)
The court found that the tenancy notices were served on 14th September 2019 but specified an effective date of 1st November 2019, which was less than two months from the date of service. Section 4(4) of Cap 301 requires that the effective date of a tenancy notice must be at least two months after the date of receipt...
Source-derived case information.
- Citation
- [2021] KEBPRT 124 (KLR)
- Parties
- Applicant: Kenneth Sammy Karisa; Respondent: Shadrack Kyalo; Respondent: Charles Kyalo; Respondent: Beatrice Kioko; Respondent: Mutuku Mathi; Respondent: Ali Bushra
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 83 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application to Evict Tenants
- Outcome
- application dismissed
- Legal Topics
- Tenancy Termination, Notice Requirements, Defective Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Sammy Karisa
Applicant
Shadrack Kyalo
Respondent
Charles Kyalo
Respondent
Beatrice Kioko
Respondent
Mutuku Mathi
Respondent
Ali Bushra
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application to Evict Tenants
Legal Issues
- 1 Whether the tenancy notices served by the landlord on the respondents were valid and effective for purposes of terminating the tenancy.
- 2 Whether the landlord's application for eviction based on the said notices should be granted.
Ratio Decidendi
The court found that the tenancy notices were served on 14th September 2019 but specified an effective date of 1st November 2019, which was less than two months from the date of service. Section 4(4) of Cap 301 requires that the effective date of a tenancy notice must be at least two months after the date of receipt by the tenant. Because the notice failed to comply with this statutory requirement, it was deemed defective. Consequently, the landlord's application for eviction, which was premised on the defective notices, could not be sustained and was dismissed.
Court Disposition
application dismissed
Orders
- The landlord's application dated 12th March 2020 is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 83 OF 2020 (MOMBASA)
KENNETH SAMMY KARISA..................................................LANDLORD/APPLICANT
VERSUS
SHADRACK KYALO
CHARLES KYALO
BEATRICE KIOKO
MUTUKU MATHI
ALI BUSHRA..............................................................................TENANTS/RESPONDENTS
RULING
1. The Landlord’s/Applicant’s application dated 12th March 2020 is not clear on the orders it is seeking. The main prayer of the application is drafted as ground No 3 and the main ground for the prayer is drafted as prayer No 2. I will nonetheless proceed to consider the application for the reasons that the only Respondent who has filed an affidavit in reply understands that the Applicant/Landlord is seeking to have the Respondents evicted on account of no response to the notice to terminate the tenancy.
2. The Landlord’s notices to terminate tenancy against the Respondents are the ones dated 27th August 2019. The effective date for the notices was 1st November 2019. The notices were served upon the Respondents on 14th September 2019. The effective date ought to be calculated from the date of the receipt of the notice by the receiving party.
3. Section 4(4) Cap 301 provides as follows;
“No tenancy notice shall take effect until such date not being less than two months after the receipt thereof by the receiving party as shall be specified therein…”
4. The tenancy notice in this matter was served upon the Respondents on 14th September 2019, its effective date could therefore have been 1st December 2019 and not 1st November 2019.
5. To the extent that the notice purports to have an effective date of 1st November 2019, the said notice is defective.
6. Consequently, the application dated 12th March 2020 which is premised on the tenancy notices dated 27th August 2019 is dismissed.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON CYPRIAN MUGAMBI NGUTHARI THIS 5TH DAY OF NOVEMBER 2021 in the absence of the parties.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL