[2025] KEBPRT 326 (KLR)

[2025] KEBPRT 326 (KLR)

The tribunal found that a landlord/tenant relationship exists between the parties, as the respondent inherited the controlled tenancy upon purchasing the premises. The absence of a written lease and continued occupation by the applicant established a controlled tenancy protected under Cap 301. The respondent, therefore, is bound by the statutory requirements for termination or eviction. The tribunal declined to compel the respondent to reconnect electricity, as the applicant failed to prove that the respondent, rather than KPLC, was responsible for the disconnection. However, the applicant was granted liberty to reconnect electricity at his own cost with KPLC's assistance. The tribunal...

Citation
[2025] KEBPRT 326 (KLR)
Parties
Applicant: Peter Mwaura Mwangi; Respondent: Josephine Njeri Kinuthai
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
16 June 2025
Case Number
Tribunal Case E044 of 2025
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Tenant's Application for Interim Relief
Outcome
Application partly allowed.
Judges
CN Mugambi
Legal Topics
Controlled Tenancy, Landlord Tenant Relationship, Eviction Procedure, Injunctive Relief, Electricity Disconnection
Source Language
English
Land and Property Controlled Tenancy Landlord Tenant Relationship Eviction Procedure Injunctive Relief Electricity Disconnection

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Parties

Peter Mwaura Mwangi

Applicant

Josephine Njeri Kinuthai

Respondent

Procedural Posture

Miscellaneous Application / Interlocutory Ruling on Tenant's Application for Interim Relief

Legal Issues

  1. 1 Whether there exists a landlord/tenant relationship between the applicant and the respondent.
  2. 2 Whether the tenant is entitled to orders for reconnection of electricity and injunctive relief against interference with tenancy.

Ratio Decidendi

The tribunal found that a landlord/tenant relationship exists between the parties, as the respondent inherited the controlled tenancy upon purchasing the premises. The absence of a written lease and continued occupation by the applicant established a controlled tenancy protected under Cap 301. The respondent, therefore, is bound by the statutory requirements for termination or eviction. The tribunal declined to compel the respondent to reconnect electricity, as the applicant failed to prove that the respondent, rather than KPLC, was responsible for the disconnection. However, the applicant was granted liberty to reconnect electricity at his own cost with KPLC's assistance. The tribunal...

Court Disposition

Application partly allowed.

Orders

  • The tenant is at liberty to reconnect the electricity supply to the suit premises with the assistance of Kenya Power & Lighting Co. Ltd and at his own cost.
  • The respondent is restrained from evicting the tenant or interfering with the applicant’s tenancy of the suit premises contrary to Cap 301 pending the hearing of the tenant’s reference.