[2025] KEBPRT 325 (KLR)

[2025] KEBPRT 325 (KLR)

The court found that the landlord's notice to terminate tenancy was properly served on the respondent's spouse and that the respondent failed to file a reference opposing the notice within the statutory period under Section 6(1) of Cap 301. As a result, the notice became effective on its stated date, and the...

Source-derived case information.

Citation
[2025] KEBPRT 325 (KLR)
Parties
Applicant: Jared Ongera Momanyi; Respondent: Christopher Omariba Mochama
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
19 June 2025
Case Number
Tribunal Case E023 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Notice of Motion for Distress, Eviction, and Enforcement
Outcome
Application allowed. Tenancy terminated. Orders for payment of arrears, eviction, distress, and police assistance granted.
Judges
CN Mugambi
Legal Topics
Termination of Tenancy, Distress for Rent, Eviction Procedure, Service of Notice
Source Language
english
Land and Property Civil Procedure Termination of Tenancy Distress for Rent Eviction Procedure Service of Notice

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Summary, issues, holding and outcome

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Parties

Jared Ongera Momanyi

Applicant

Christopher Omariba Mochama

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Landlord's Notice of Motion for Distress, Eviction, and Enforcement

Legal Issues

  1. 1 Whether the landlord is entitled to terminate the tenancy and evict the tenant for non-payment of rent.
  2. 2 Whether the notice to terminate tenancy was properly served and effective under Cap 301.
  3. 3 Whether the landlord is entitled to levy distress for rent and seek police assistance in enforcement.

Ratio Decidendi

The court found that the landlord's notice to terminate tenancy was properly served on the respondent's spouse and that the respondent failed to file a reference opposing the notice within the statutory period under Section 6(1) of Cap 301. As a result, the notice became effective on its stated date, and the landlord was entitled to terminate the tenancy. The respondent's continued occupation without payment of rent justified the landlord's application for distress and eviction. The court further held that the landlord was entitled to seek police assistance in enforcing the orders, and the tenant was liable for costs. The absence of opposition from the respondent rendered the application...

Court Disposition

Application allowed. Tenancy terminated. Orders for payment of arrears, eviction, distress, and police assistance granted.

Orders

  • The tenant's notice to terminate tenancy dated 21.1.2025 is approved.
  • The tenancy between the parties is terminated.