[2025] KEBPRT 27 (KLR)
The Tribunal found that the tenant was in rent arrears of Kshs. 90,000, a claim that was unopposed and supported by affidavit evidence. The Tribunal held that the landlord was not entitled to an eviction order because no notice to terminate tenancy had been served as required by Section 4(2) of Cap 301. The Tribunal...
Source-derived case information.
- Citation
- [2025] KEBPRT 27 (KLR)
- Parties
- Applicant: John Kimani; Respondent: Lucy Njeri Muriithi
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E762 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Rent Arrears, Injunction, and Eviction
- Outcome
- Application allowed in part; rent arrears to be paid within 30 days; eviction and injunction orders declined; costs to landlord.
- Judges
- CN Mugambi
- Legal Topics
- Landlord Tenant Disputes, Rent Arrears, Eviction Procedure, Breach of Tenancy Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kimani
Applicant
Lucy Njeri Muriithi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Rent Arrears, Injunction, and Eviction
Legal Issues
- 1 Whether the tenant is in arrears of rent and liable to pay the outstanding sum.
- 2 Whether the tenant has breached the tenancy agreement by operating a bar or being a nuisance.
- 3 Whether the landlord is entitled to an eviction order without serving a notice to terminate tenancy as required by law.
Ratio Decidendi
The Tribunal found that the tenant was in rent arrears of Kshs. 90,000, a claim that was unopposed and supported by affidavit evidence. The Tribunal held that the landlord was not entitled to an eviction order because no notice to terminate tenancy had been served as required by Section 4(2) of Cap 301. The Tribunal also found that the lease agreement did not expressly prohibit the sale of alcohol or specify the manner of sale, and the evidence provided was insufficient to prove that the tenant had converted the premises into a bar or was a nuisance. Consequently, the Tribunal ordered the tenant to clear the rent arrears within 30 days, failing which the landlord could levy distress for...
Court Disposition
Application allowed in part; rent arrears to be paid within 30 days; eviction and injunction orders declined; costs to landlord.
Orders
- The tenant is to clear the rent arrears up to date within the next thirty (30) days of this ruling.
- If the tenant fails to clear the rent arrears as ordered, the landlord will be at liberty to levy distress for the said rent with the assistance of a licensed auctioneer.
Full Case Text
Judgment text and source record
24 paragraphs
Kimani v Muriithi (Tribunal Case E762 of 2024) [2025] KEBPRT 27 (KLR) (17 January 2025) (Ruling)
Neutral citation: [2025] KEBPRT 27 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E762 of 2024
CN Mugambi, Chair
January 17, 2025
Between
John Kimani
Landlord
and
Lucy Njeri Muriithi
Tenant
Ruling
1. The Landlord’s Application dated 29. 10. 2024 seeks the following;-a.That the Tenant be compelled to pay all the outstanding rent arrears.b.That the Tenant be restrained from selling alcohol or from in any manner interfering with her tenancy pending the hearing of the Application.c.That an eviction order be issued against the Tenant for being in breach of the tenancy agreement dated 30. 7.2022. d.Costs.
2. The Application is supported by the Landlord’s affidavit sworn on 29. 10. 2024 wherein it has been deponed that the Landlord entered into a tenancy agreement with the Tenant on 30. 7.2022 for Shop No.1 wherein the Tenant operates a wines and spirits shop known as the Lift Liquor Store.
3. The Landlord has also deponed:a.That the Tenant is a habitual rent defaulter and now owes rent in the sum of Kshs. 90,000/=.b.That the Tenant is a nuisance and has turned her liquor store to a bar contrary to Clause (c) of the lease agreement.c.That the Tribunal should issue an eviction order to the Tenant.d.That the Tenant has breached the terms of her tenancy agreement.e.That the Landlord has demanded for the rent by sending a demand letter to the Tenant.
4. The Tenant has not filed any responses to the Landlord’s affidavit and therefore the Application by the Landlord is unopposed.
5. The Landlord’s claim that the Tenant is in rent arrears amounting to Kshs. 90,000/= has also not been oppose. I am satisfied on a balance of probabilities that the said rent is arising from the Tenant to the Landlord.
6. The Landlord has sought the orders restraining the Tenant from being a nuisance; and specifically sought an order that the Tenant be restrained from selling alcohol. The Landlord’s claim is that the Tenant has turned the wines and spirits shop into a bar contrary to Clause “t” of the tenancy agreement. The said Clause (“5t” actually), is in the following terms;“the tenant shall ensure quiet living and not to be of nuisance to neighbours. This mainly by keeping music instruments at reasonable low levels not to cause annoyance to other tenants and the general public.”
7. Clause “5t does not prohibit the Tenant from selling alcohol neither does the lease agreement provide for the manner in which the Tenant may sell alcoholic beverages. Further, from the photographs annexed to the Affidavit, it is not possible to tell whether the Tenant is indeed operating a wines and spirits shop or a bar. I am unable therefore to grant the Landlord this prayer.
8. The Applicant has sought for orders of eviction against the Tenant on the basis that the Tenant has breached the tenancy agreement. The Landlord is required under the provisions of Section 4(2) of Cap 301, to serve the Tenant with a notice to terminate tenancy if the Landlord desires to terminate the said tenancy. the orders of eviction cannot issue against a Tenant absent a notice to terminate tenancy. What the Landlord has done in this matter is to file a Complaint under Section 12(4) of Cap 301. The said Complaint only addresses itself to the Tenant’s failure to pay rent and being a nuisance to the other Tenants or neighbours. But even if the Complaint had sought an order for eviction, the Tribunal would still not issue the same for the same reasons advanced hereinabove.
9. In disposing of this matter, I will therefore make the following orders:-a.That the Tenant is to clear the rent arrears up to date within the next thirty (30) days of this Ruling.b.That the Tenant failing to clear the rent arrears as ordered, the Landlord will be at liberty to levy distress for the said rent with the assistance of a licensed auctioneer.c.The Landlord’s Complaint is allowed in the above terms.d.The Tenant will bear the costs of the Application and the Complaint.e.This file is ordered closed.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 17TH DAY OF JANUARY, 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Ms. Wambui for the Landlord and in the absence of the Tenant