[2025] KEBPRT 288 (KLR)

[2025] KEBPRT 288 (KLR)

The Tribunal found that, notwithstanding the termination of the tenancy and the tenant's vacation of the premises, Section 12(1)(l) of Cap 301 expressly empowers the Tribunal to award compensation for improvements made by a tenant with the landlord's consent upon termination of a controlled tenancy. This statutory provision creates an exception to the general rule that the Tribunal's jurisdiction ends with the landlord-tenant relationship. The Tribunal therefore held that the tenant's claim for compensation for improvements is properly before it, and dismissed the respondent's preliminary objection for lack of merit.

Citation
[2025] KEBPRT 288 (KLR)
Parties
Applicant: Peter Mwangi; Respondent: Joseph Ngugi Mutura
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
20 May 2025
Case Number
Tribunal Case E1386 of 2024
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Judges
CN Mugambi
Legal Topics
Controlled Tenancy, Jurisdiction of Tribunal, Compensation for Improvements
Source Language
English
Land and Property Controlled Tenancy Jurisdiction of Tribunal Compensation for Improvements

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Parties

Peter Mwangi

Applicant

Joseph Ngugi Mutura

Respondent

Procedural Posture

Preliminary Objection / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Business Premises Rent Tribunal has jurisdiction to determine a tenant's claim for compensation for improvements after termination of tenancy.
  2. 2 Whether the claim for compensation for improvements is properly before the Tribunal after the landlord-tenant relationship has ended.

Ratio Decidendi

The Tribunal found that, notwithstanding the termination of the tenancy and the tenant's vacation of the premises, Section 12(1)(l) of Cap 301 expressly empowers the Tribunal to award compensation for improvements made by a tenant with the landlord's consent upon termination of a controlled tenancy. This statutory provision creates an exception to the general rule that the Tribunal's jurisdiction ends with the landlord-tenant relationship. The Tribunal therefore held that the tenant's claim for compensation for improvements is properly before it, and dismissed the respondent's preliminary objection for lack of merit.

Court Disposition

preliminary objection dismissed

Orders

  • The respondent's notice of preliminary objection dated March 6, 2025 is dismissed with costs to the tenant.
  • The reference will proceed for hearing on July 22, 2025.