[2025] KEBPRT 323 (KLR)

[2025] KEBPRT 323 (KLR)

The tribunal found that the tenant had admitted to rent arrears of Kshs. 390,000/- as at November 2024 and failed to make any further payments up to June 2025, resulting in total arrears of Kshs. 740,000/-. The tenant did not contest the landlord's evidence or appear at the hearing. The tribunal held that the landlord was entitled to judgment for the full amount of arrears and to levy distress for recovery at the tenant's expense. The notice of termination previously issued by the landlord was declared unlawful and of no effect due to non-compliance with statutory requirements. Costs were awarded to the landlord, assessed at Kshs. 50,000/-, in accordance with the Act.

Citation
[2025] KEBPRT 323 (KLR)
Parties
Applicant: Nyaga Kiura; Respondent: Sylvester Mutwiwa Nzango
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
3 July 2025
Case Number
Tribunal Case E030 of 2024
Procedural Posture
Landlord Tenant Reference / Judgment
Outcome
Judgment for the landlord for rent arrears and costs; liberty to levy distress granted.
Judges
N Wahome, Joyce Murigi
Legal Topics
Rent Arrears, Distress for Rent, Termination of Tenancy, Costs Award
Source Language
English
Land and Property Civil Procedure Rent Arrears Distress for Rent Termination of Tenancy Costs Award

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nyaga Kiura

Applicant

Sylvester Mutwiwa Nzango

Respondent

Procedural Posture

Landlord Tenant Reference / Judgment

Legal Issues

  1. 1 Whether the tenant owes rent arrears to the landlord and the quantum thereof.
  2. 2 Whether the landlord is entitled to levy distress for recovery of rent arrears.
  3. 3 Whether the landlord is entitled to costs.

Ratio Decidendi

The tribunal found that the tenant had admitted to rent arrears of Kshs. 390,000/- as at November 2024 and failed to make any further payments up to June 2025, resulting in total arrears of Kshs. 740,000/-. The tenant did not contest the landlord's evidence or appear at the hearing. The tribunal held that the landlord was entitled to judgment for the full amount of arrears and to levy distress for recovery at the tenant's expense. The notice of termination previously issued by the landlord was declared unlawful and of no effect due to non-compliance with statutory requirements. Costs were awarded to the landlord, assessed at Kshs. 50,000/-, in accordance with the Act.

Court Disposition

Judgment for the landlord for rent arrears and costs; liberty to levy distress granted.

Orders

  • Judgment is entered for the landlord on rent arrears at Kshs. 740,000/- as at 30th June 2025.
  • The landlord is at liberty to levy distress in recovery of the same at the tenant’s expense and without requirement to pay further court fees.