[2025] KEBPRT 330 (KLR)
The Tribunal found that the landlord failed to provide proof that notice of distress was properly dispatched and received by the tenant as required under Cap 295. The absence of such proof rendered the landlord's actions in levying distress and taking possession of the premises irregular and unlawful. The Tribunal...
Source-derived case information.
- Citation
- [2025] KEBPRT 330 (KLR)
- Parties
- Applicant: Simon Turere Kimorgo T/A Olosho Slaughter House And Butchery; Respondent: Afrikatu Kenya Ltd
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E001 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application allowed in part
- Judges
- P May
- Legal Topics
- Landlord Tenant Disputes, Distress for Rent, Notice Requirements, Interim Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Turere Kimorgo T/A Olosho Slaughter House And Butchery
Applicant
Afrikatu Kenya Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the landlord lawfully levied distress for rent without issuing proper notice to the tenant.
- 2 Whether the landlord's entry and attachment of the tenant's property was irregular and unlawful under the relevant statute.
Ratio Decidendi
The Tribunal found that the landlord failed to provide proof that notice of distress was properly dispatched and received by the tenant as required under Cap 295. The absence of such proof rendered the landlord's actions in levying distress and taking possession of the premises irregular and unlawful. The Tribunal therefore allowed the tenant's application and granted the reliefs sought, including requiring the landlord to provide an updated rent statement and awarding costs to the tenant.
Court Disposition
application allowed in part
Orders
- Application dated 17th January 2025 is allowed in terms of prayers 2, 3, 4, and 5.
- The landlord shall supply the tenant with an updated statement of rent within 7 days.
Full Case Text
Judgment text and source record
24 paragraphs
Kimorgo t/a Olosho Slaughter House and Butchery v Afrikatu Kenya Ltd (Tribunal Case E001 of 2021) [2025] KEBPRT 330 (KLR) (27 June 2025) (Ruling)
Neutral citation: [2025] KEBPRT 330 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E001 of 2021
P May, Member
June 27, 2025
Between
Simon Turere Kimorgo T/A Olosho Slaughter House And Butchery
Tenant
and
Afrikatu Kenya Ltd
Landlord
Ruling
1. The tenant approached the Tribunal by filing the complaint against the landlord dated 17th January 2025. The grounds for the complaint were that the landlord had forced their way into the tenant’s premises and attached property thus causing immeasurable damage and disrupting the running of the business. And in fact, entered in and started running that business as hers. Contemporaneous with the complaint, the tenant filed the application on an even date seeking the protection of the Tribunal.
2. The application was placed before the Tribunal whereby interim orders were issued in favour of the tenant pending the inter partes hearing. The said orders were subsequently extended and are subsisting to even the date of delivery of this ruling.
3. The landlord opposed the Application vide a Replying Affidavit dated 12th March 2025 .
4. Directions were taken that parties do file written submissions which was complied with.
5. The tenant sought for leave to file a further affidavit which was granted and the affidavit was filed dated 6th May 2025.
6. The tenant avers in both the application and the further affidavit that no notice was issued to him prior to the actions by the landlord of levying distress.
7. The landlord on the other hand contends that the tenant was in arrears and had been notified. The landlord has attached copies of numerous letters all addressed to the tenant on diverse dates. What I do not see however, is proof that these letters were actually dispatched and received by the tenant.
8. CAP 295 requires that in levying distress the tenant would require notice. I do find that in the absence of such proof as above, none was given and the subsequent happenings by the landlord therefore irregular
9. Having made the above findings, I will make the following orders:a.Application dated 17th January 2025 is allowed in terms of prayers 2,3,4 and 5. b.The landlord shall supply the tenant with an updated statement of rent within 7 days and the tenant shall settle it within 14 days of receipt.c.Tenant awarded costs
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF JUNE, 2025HON. PATRICIA MAY - MEMBER27. 6.2025Delivered in the presence of;Kemunto holding brief for Lanoi for the ApplicantWairimu for the Landlord