[2023] KEBPRT 1192 (KLR)
The tribunal found that the tenant's complaint was unsupported by any material evidence, as the affidavit did not annex the alleged notice of termination nor clarify its form (oral or written). In the absence of such evidence, the tribunal could not find that the respondents had issued an illegal notice to vacate...
Source-derived case information.
- Citation
- [2023] KEBPRT 1192 (KLR)
- Parties
- Applicant: Stella Gatwiri Kiraithe; Respondent: Catrine Nkirote Murithi; Respondent: Rhoda Karambu; Respondent: Lucy Kathure Mbobu
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 04 of 2021
- Procedural Posture
- Tribunal Case / Ruling
- Outcome
- complaint dismissed
- Judges
- CN Mugambi
- Legal Topics
- Business Premises Rent, Illegal Eviction Notice, Notice to Terminate Tenancy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stella Gatwiri Kiraithe
Applicant
Catrine Nkirote Murithi
Respondent
Rhoda Karambu
Respondent
Lucy Kathure Mbobu
Respondent
Procedural Posture
Tribunal Case / Ruling
Legal Issues
- 1 Whether the respondents issued an illegal notice to vacate to the tenant contrary to Section 4(2) of Cap 301.
- 2 Whether the tenant's complaint is supported by sufficient evidence.
Ratio Decidendi
The tribunal found that the tenant's complaint was unsupported by any material evidence, as the affidavit did not annex the alleged notice of termination nor clarify its form (oral or written). In the absence of such evidence, the tribunal could not find that the respondents had issued an illegal notice to vacate contrary to Section 4(2) of Cap 301. The complaint was therefore dismissed for lack of proof.
Court Disposition
complaint dismissed
Orders
- The tenant's complaint is dismissed with no orders as to costs.
- All orders previously issued in this matter are discharged.
Full Case Text
Judgment text and source record
26 paragraphs
Kiraithe v Murithi & 2 others (Tribunal Case 04 of 2021) [2023] KEBPRT 1192 (KLR) (Civ) (23 March 2023) (Ruling)
Neutral citation: [2023] KEBPRT 1192 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case 04 of 2021
CN Mugambi, Chair
March 23, 2023
Between
Stella Gatwiri Kiraithe
Tenant
and
Catrine Nkirote Murithi
1st Respondent
Rhoda Karambu
2nd Respondent
Lucy Kathure Mbobu
3rd Respondent
Ruling
1. The tenant’s complaint filed on 12. 1.2021 is to the effect that the Respondents have issued the tenant with an illegal notice to vacate by 21. 1.2021.
2. On 23. 3.2021, the Tribunal allowed the tenant’s application dated 12. 1.2021.
3. The only evidence available in this file is the affidavit of Stella Gatwiri Kiraithe and where relevant she has stated as follows:-“That the Respondents issued the Applicant with an illegal notice to vacate by 21st January 2021 which is contrary to Section 4(2) of Cap 301. ”
4. The tenant’s affidavit does not have annexed to it the alleged notice of termination. The tenant has not stated whether the notice to terminate was oral or written or whatever form it took.
5. In the circumstances, the allegations made by the tenant in her complaint and affidavit are not supported by any material.
6. The tenant’s complaint is hereby dismissed with no orders as to costs. All orders previously issued in this matter are also hereby discharged.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 23. 3.2023HON. CYPRIAN MUGAMBICHAIRPERSON23. 3.2023