[2025] KEBPRT 205 (KLR)
The court found that the Landlady had served a valid notice to terminate the tenancy under Section 4(2) of Cap 301, and the Tenants had not filed any Reference or opposition. As a result, the notice became effective, entitling the Landlady to terminate the tenancy and seek recovery of rent arrears. The court further...
Source-derived case information.
- Citation
- [2025] KEBPRT 205 (KLR)
- Parties
- Applicant: Muthoni Kiregu Kieha; Respondent: Martin Mwangi; Respondent: John Ngatia
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E051 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Notice of Motion for Termination of Tenancy and Rent Arrears
- Outcome
- application allowed (unopposed); tenancy terminated; orders for payment of arrears, eviction, distress for rent, and costs granted
- Judges
- CN Mugambi
- Legal Topics
- Termination of Tenancy, Rent Arrears, Distress for Rent, Eviction Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Muthoni Kiregu Kieha
Applicant
Martin Mwangi
Respondent
John Ngatia
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion for Termination of Tenancy and Rent Arrears
Legal Issues
- 1 Whether the Landlady is entitled to terminate the tenancy for non-payment of rent.
- 2 Whether the Tenant should be ordered to pay outstanding rent arrears and vacate the premises.
- 3 Whether the Landlady is entitled to levy distress for rent and seek police assistance during eviction.
Ratio Decidendi
The court found that the Landlady had served a valid notice to terminate the tenancy under Section 4(2) of Cap 301, and the Tenants had not filed any Reference or opposition. As a result, the notice became effective, entitling the Landlady to terminate the tenancy and seek recovery of rent arrears. The court further held that the Landlady was entitled to orders for the Tenant to vacate the premises, pay outstanding rent, and, in default, for the Landlady to levy distress for rent using a licensed auctioneer. The request for waiver of further court fees was declined as the Applicant had not demonstrated inability to pay. The court also ordered police assistance to ensure peaceful execution...
Court Disposition
application allowed (unopposed); tenancy terminated; orders for payment of arrears, eviction, distress for rent, and costs granted
Orders
- The Landlady’s notice to terminate tenancy is approved and the tenancy is terminated.
- The Tenant is ordered to vacate the suit premises within thirty (30) days, failing which the Landlady may evict using a licensed auctioneer.
Full Case Text
Judgment text and source record
23 paragraphs
Kieha v Mwangi & another (Tribunal Case E051 of 2025) [2025] KEBPRT 205 (KLR) (21 March 2025) (Ruling)
Neutral citation: [2025] KEBPRT 205 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E051 of 2025
CN Mugambi, Chair
March 21, 2025
Between
Muthoni Kiregu Kieha
LandLady
and
Martin Mwangi
1st Tenant
John Ngatia
2nd Tenant
Ruling
1. The Landlady/Applicant’s notice of Motion dated 15. 1.2025 seeks orders that the Tenant vacates the suit premises and be further ordered to pay rent arrears amounting to Kshs. 175,000/= up to January 2025 in default of which, the Landlady be allowed to levy distress for the said rent using a licensed auctioneer.The Applicant has also sought an order that the court waives the 10% levy on further court fees. The assistance of the OCS Obama Police Station has also been sought.
2. The Applicant has deponed in her affidavit that the Tenant has rent arrears of Kshs. 175,000/= up to January 2025 and as a consequence of which, the Landlady served the Tenant with a notice to vacate by 5. 01. 2025.
3. I have seen the Landlady’s notice to terminate tenancy dated 28. 10. 2024 effective 5. 01. 2025. The notice is valid and is issued under Section 4(2) of Cap 301 of the Laws of Kenya.
4. The Tenant has not filed any Reference in opposition to the Landlady’s notice to terminate tenancy as a consequence of which, the notice became effective from the date shown therein.
5. Although the Applicant has prayed that the court waives the payment of any further court fees and although the court may in appropriate circumstances and for good reason grant the said order, the Applicant has not demonstrated her lack of ability to pay any further court fees that the court may order. Indeed, the Applicant makes no reference to her inability to raise the further court fees in her Affidavit and in these circumstances, I decline to grant the said prayer.
6. The Application being unopposed, I proceed to allow the same in the following terms;-a.That the Landlady’s notice to terminate tenancy is hereby approved and the tenancy between the parties herein is hereby terminated.b.That the Tenant is hereby ordered to vacate the suit premises within the next thirty (30) days failing which, the Landlady will be at liberty to evict the Tenant using a licensed auctioneer.c.That the Tenant is hereby ordered to pay to the Landlady the outstanding rent arrears of Kshs. 175,000/= and any accrued rent up to and including the time the Tenant will vacate or be evicted from the suit premises.d.That the Tenant failing to pay the rent as ordered in order (c) above, the Landlady will be at liberty to levy distress for the said rent.e.That the OCS Obama Police Station will ensure peace prevails during the execution of these orders.f.The Reference by the Landlady is determined in the above terms.g.The Tenant will bear the costs of the Application and the Reference.h.This file is closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 21ST DAY OF MARCH, 2025HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the absence of the parties.