[2025] KEBPRT 204 (KLR)
The Tribunal found that the Landlord had established that the Tenant was in arrears of Kshs. 135,000 as at 28.1.2025 and that the right to levy distress for rent is recognized under Section 3(1) of the Distress for Rent Act. As the Application was unopposed, the Tribunal allowed the Landlord's Application for leave...
Source-derived case information.
- Citation
- [2025] KEBPRT 204 (KLR)
- Parties
- Applicant: Kiplelei Limited; Respondent: Manyunyu Company Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E022 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Leave to Levy Distress for Rent Arrears
- Outcome
- Application allowed; leave granted to levy distress for rent arrears; costs to the Landlord.
- Judges
- CN Mugambi
- Legal Topics
- Landlord Tenant Disputes, Distress for Rent, Rent Arrears, Eviction Procedures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiplelei Limited
Applicant
Manyunyu Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Leave to Levy Distress for Rent Arrears
Legal Issues
- 1 Whether the Landlord is entitled to leave to levy distress for rent arrears against the Tenant.
- 2 Whether the Landlord is entitled to police assistance and a breaking in order during the distress.
- 3 Who should bear the costs of the Application and Reference.
Ratio Decidendi
The Tribunal found that the Landlord had established that the Tenant was in arrears of Kshs. 135,000 as at 28.1.2025 and that the right to levy distress for rent is recognized under Section 3(1) of the Distress for Rent Act. As the Application was unopposed, the Tribunal allowed the Landlord's Application for leave to levy distress for rent arrears, including police assistance and a breaking in order. The Tribunal also ordered that the Tenant bear the costs of the Application and Reference, and ordered the file closed.
Court Disposition
Application allowed; leave granted to levy distress for rent arrears; costs to the Landlord.
Orders
- The Landlord is granted leave to levy distress for rent arrears against the Tenant in respect of Eldoret Municipality/block 7/199 1st Floor Room 30.
- The Landlord is granted police assistance and a breaking in order during the distress.
Full Case Text
Judgment text and source record
23 paragraphs
Kiplelei Limited v Manyunyu Company Limited (Tribunal Case E022 of 2025) [2025] KEBPRT 204 (KLR) (25 March 2025) (Ruling)
Neutral citation: [2025] KEBPRT 204 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E022 of 2025
CN Mugambi, Chair
March 25, 2025
Between
Kiplelei Limited
Landlord
and
Manyunyu Company Limited
Tenant
Ruling
1. The Landlord’s Application dated 15. 2.2023 seeks orders that the Landlord be granted leave to levy distress for rent arrears against the Tenant in regard to the suit premises known as Eldoret Municipality/block 7/199 1st Floor Room 30 (hereinafter the suit premises). The Landlord has also sought police assistance and a breaking in order during the distress.
2. The Applicant’s affidavit in support of the Application has been sworn by Mr. Shivji Naran Virji, the Applicant’s manager wherein it has been deponed that the Tenant was in rent arrears amounting to Kshs. 135,000/= as at 28. 1.2025 at the rate of Kshs. 15,000/= per month.
3. The Tenant was duly served with the Application but has made no response. The Landlord’s Application is therefore unopposed.
4. The Landlord’s right to levy distress for rent is recognized under Section 3(1) of Cap 293, the distress for rent Act which provides that any person having rent in arrears and due upon a lease or contract may levy distress for recovery of the said rent.
5. Consequently, I do allow the Landlord’s Application dated 15. 2.2025.
6. The Reference filed by the Landlord is allowed in the terms of the prayers and orders granted above.
7. The Tenant will bear the costs of the Application and the Reference.
8. This file is ordered closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF MARCH, 2025HON. CYPRIAN MUGAMBI - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Wambua for the Landlord and in the absence of the Tenant