[2025] KEBPRT 296 (KLR)

[2025] KEBPRT 296 (KLR)

The Tribunal found that the termination notices issued by the landlady failed to comply with the mandatory statutory requirements under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. Specifically, the notices were not in the prescribed form and did not provide the tenants with the requisite two calendar months' notice. The Tribunal relied on statutory provisions and relevant case law, including Fredrick Mutua Mulinge T/A Kitui Uniform v Kitui Housing Teachers Sacco Limited (2017) eKLR, to hold that such defects rendered the notices null and void ab initio. Consequently, the Tribunal upheld the tenants' application, granted them quiet possession, and awarded them...

Citation
[2025] KEBPRT 296 (KLR)
Parties
Applicant: James Muthiru Mariga; Applicant: Imptyaj Virjiya of Hair & Beauty Requisite Limited; Applicant: Joan Muthoni Kiarie of Kidboss Junction Limited; Applicant: Kirgian Dordia Limited; Respondent: Rose Warau Maina
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
21 May 2025
Case Number
Tribunal Case E052 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
application allowed; termination notices declared null and void; costs awarded to applicants
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Termination Notices, Quiet Possession, Statutory Compliance
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Termination Notices Quiet Possession Statutory Compliance

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 5 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

James Muthiru Mariga

Applicant

Imptyaj Virjiya of Hair & Beauty Requisite Limited

Applicant

Joan Muthoni Kiarie of Kidboss Junction Limited

Applicant

Kirgian Dordia Limited

Applicant

Rose Warau Maina

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the termination notices issued by the landlady complied with the statutory requirements under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
  2. 2 Whether the tenants are entitled to quiet possession of the premises pending lawful termination.
  3. 3 Whether the tenants are entitled to costs.

Ratio Decidendi

The Tribunal found that the termination notices issued by the landlady failed to comply with the mandatory statutory requirements under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. Specifically, the notices were not in the prescribed form and did not provide the tenants with the requisite two calendar months' notice. The Tribunal relied on statutory provisions and relevant case law, including Fredrick Mutua Mulinge T/A Kitui Uniform v Kitui Housing Teachers Sacco Limited (2017) eKLR, to hold that such defects rendered the notices null and void ab initio. Consequently, the Tribunal upheld the tenants' application, granted them quiet possession, and awarded them...

Court Disposition

application allowed; termination notices declared null and void; costs awarded to applicants

Orders

  • The tenants shall be allowed complete quiet possession of their respective shops within Nyandarua House Plot LR No.209/525/Nairobi.
  • The landlady shall pay costs of KES 25,000 to each tenant, to be offset from the rent payable.