[2025] KEBPRT 341 (KLR)

[2025] KEBPRT 341 (KLR)

The Tribunal found that the Landlord had established valid grounds for termination of the tenancy, namely the need to renovate the premises, which were in poor condition and not currently in use for business. The Tenants had agreed in writing in 2022 to vacate by August of that year but failed to do so and did not provide credible evidence of efforts to secure alternative premises. The Tribunal held that the Tenants' request for an additional two years was unreasonable given the extended notice already afforded. The existence of alternative premises for the Tenants further undermined their claim for more time. Accordingly, the Tribunal upheld the Landlord's notice and ordered the Tenants...

Citation
[2025] KEBPRT 341 (KLR)
Parties
Applicant: Moses Mungathia Kitonga; Respondent: Pascal Mwapea
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
30 June 2025
Case Number
Tribunal Case E244 of 2024
Procedural Posture
Tribunal Reference / Ruling on Notice to Terminate Tenancy
Outcome
Landlord's notice to terminate tenancy allowed; tenancy terminated.
Judges
CN Mugambi
Legal Topics
Termination of Tenancy, Landlord Rights, Tenant Relocation, Business Premises Rent, Notice to Vacate
Source Language
English
Land and Property Termination of Tenancy Landlord Rights Tenant Relocation Business Premises Rent Notice to Vacate

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Moses Mungathia Kitonga

Applicant

Pascal Mwapea

Respondent

Procedural Posture

Tribunal Reference / Ruling on Notice to Terminate Tenancy

Legal Issues

  1. 1 Whether the Landlord has established sufficient grounds to terminate the tenancy under Cap 301.
  2. 2 Whether the Tenants are entitled to an extended period to vacate the premises.
  3. 3 Whether the Tenants have alternative premises and have acted reasonably in seeking more time.

Ratio Decidendi

The Tribunal found that the Landlord had established valid grounds for termination of the tenancy, namely the need to renovate the premises, which were in poor condition and not currently in use for business. The Tenants had agreed in writing in 2022 to vacate by August of that year but failed to do so and did not provide credible evidence of efforts to secure alternative premises. The Tribunal held that the Tenants' request for an additional two years was unreasonable given the extended notice already afforded. The existence of alternative premises for the Tenants further undermined their claim for more time. Accordingly, the Tribunal upheld the Landlord's notice and ordered the Tenants...

Court Disposition

Landlord's notice to terminate tenancy allowed; tenancy terminated.

Orders

  • The tenancy between the parties is terminated.
  • The Tenants shall render vacant possession of the suit premises within ninety (90) days from the date of the Ruling, failing which the Landlord may evict them using a licensed auctioneer.