[2025] KEBPRT 287 (KLR)

[2025] KEBPRT 287 (KLR)

The Tribunal found that the landlord had complied with the statutory requirements for issuing termination notices under Cap 301, including demonstrating a genuine and settled intention to undertake substantial construction that could not reasonably be carried out while the tenants remained in occupation. The evidence included approved building plans, payment receipts for approvals, and expert testimony from the architect, all supporting the landlord's intention and the necessity of vacant possession. The Tribunal rejected the tenants' argument that the intended works were insubstantial, noting that the construction required demolition of the shops and significant alterations to the...

Citation
[2025] KEBPRT 287 (KLR)
Parties
Applicant: Catherine Nyambura Kimani; Applicant: Silas Kimathi Kimani; Applicant: Susan Kulet; Respondent: Hannah Njeri Mungai
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
14 May 2025
Case Number
Tribunal Case E336 of 2023
Procedural Posture
Tribunal Reference / Judgment
Outcome
Landlord's notices to terminate the tenancies approved; tenants to vacate within 30 days; rent arrears and costs awarded to landlord.
Judges
Gakuhi Chege, J Osodo
Legal Topics
Controlled Tenancy, Termination of Tenancy, Rent Arrears, Building Renovation, Vacant Possession
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Termination of Tenancy Rent Arrears Building Renovation Vacant Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Catherine Nyambura Kimani

Applicant

Silas Kimathi Kimani

Applicant

Susan Kulet

Applicant

Hannah Njeri Mungai

Respondent

Procedural Posture

Tribunal Reference / Judgment

Legal Issues

  1. 1 Whether the landlord’s notices to terminate the tenants’ tenancies ought to be approved or dismissed.
  2. 2 Whether the tenants owe rent arrears to the landlord.
  3. 3 Who shall bear the costs of the case?

Ratio Decidendi

The Tribunal found that the landlord had complied with the statutory requirements for issuing termination notices under Cap 301, including demonstrating a genuine and settled intention to undertake substantial construction that could not reasonably be carried out while the tenants remained in occupation. The evidence included approved building plans, payment receipts for approvals, and expert testimony from the architect, all supporting the landlord's intention and the necessity of vacant possession. The Tribunal rejected the tenants' argument that the intended works were insubstantial, noting that the construction required demolition of the shops and significant alterations to the...

Court Disposition

Landlord's notices to terminate the tenancies approved; tenants to vacate within 30 days; rent arrears and costs awarded to landlord.

Orders

  • The landlord’s notices to terminate the tenants’ tenancies dated 6th December 2022 are approved.
  • The tenants are ordered to give vacant possession of the business premises at MamyInn-Ruiru within 30 days, failing which eviction shall be enforced by a licensed auctioneer with security from OCS Ruiru Police Station.