[2025] KEBPRT 292 (KLR)

[2025] KEBPRT 292 (KLR)

The tribunal found that the respondent is indeed a tenant of the applicant, as evidenced by his own admission of paying rent to the applicant and her late husband. However, the applicant failed to comply with the mandatory statutory notice requirements under Section 4 of Cap 301 for termination of tenancy, rendering the prayer for eviction fatally defective. Additionally, the applicant did not provide adequate documentary evidence to substantiate the claim for rent arrears, and the respondent's denial created a factual dispute that could only be resolved at a full hearing. The tribunal also found insufficient evidence regarding the alleged electricity arrears. Consequently, the landlord's...

Citation
[2025] KEBPRT 292 (KLR)
Parties
Applicant: Jane Wangui Mburu; Respondent: Ephantus Karoki
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
20 May 2025
Case Number
Tribunal Case E116 of 2025
Procedural Posture
Tribunal Application / Ruling on Interlocutory Application
Outcome
application dismissed with costs to the tenant
Judges
CN Mugambi
Legal Topics
Business Premises Tenancy, Eviction Procedure, Rent Arrears Disputes, Statutory Notice Requirements
Source Language
English
Land and Property Civil Procedure Business Premises Tenancy Eviction Procedure Rent Arrears Disputes Statutory Notice Requirements

Case Brief

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Parties

Jane Wangui Mburu

Applicant

Ephantus Karoki

Respondent

Procedural Posture

Tribunal Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the landlord is entitled to evict the tenant from the suit premises.
  2. 2 Whether the landlord is entitled to levy distress for rent arrears.
  3. 3 Whether the landlord has complied with statutory notice requirements under Cap 301.

Ratio Decidendi

The tribunal found that the respondent is indeed a tenant of the applicant, as evidenced by his own admission of paying rent to the applicant and her late husband. However, the applicant failed to comply with the mandatory statutory notice requirements under Section 4 of Cap 301 for termination of tenancy, rendering the prayer for eviction fatally defective. Additionally, the applicant did not provide adequate documentary evidence to substantiate the claim for rent arrears, and the respondent's denial created a factual dispute that could only be resolved at a full hearing. The tribunal also found insufficient evidence regarding the alleged electricity arrears. Consequently, the landlord's...

Court Disposition

application dismissed with costs to the tenant

Orders

  • The landlord's application dated 20.1.2025 is dismissed with costs to the tenant.
  • Reference to be heard on 10.7.2025; hearing notice to issue.