[2021] KEBPRT 470 (KLR)
The tribunal found that the only issue in dispute was the payment of rent for January 2021, amounting to Kshs 5,000, as admitted by the landlord and not disputed by the tenant. The tribunal held that the tenant is entitled to protection from eviction and interference with her business as a protected tenant under Cap...
Source-derived case information.
- Citation
- [2021] KEBPRT 470 (KLR)
- Parties
- Applicant: Nancy Njeri; Respondent: Samuel Muchiri
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 10 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application allowed with conditions
- Legal Topics
- Protected Tenancy, Eviction Proceedings, Rent Arrears, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Njeri
Applicant
Samuel Muchiri
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the landlord is entitled to evict the tenant in the absence of rent arrears.
- 2 Whether the tenant is entitled to protection from eviction and interference with her business under Cap 301.
- 3 Whether the tenant should be allowed to continue occupying the premises subject to payment of outstanding rent.
Ratio Decidendi
The tribunal found that the only issue in dispute was the payment of rent for January 2021, amounting to Kshs 5,000, as admitted by the landlord and not disputed by the tenant. The tribunal held that the tenant is entitled to protection from eviction and interference with her business as a protected tenant under Cap 301, provided she pays the outstanding rent. The application for protection was allowed on condition that the tenant pays the outstanding rent, thereby balancing the landlord's right to receive rent and the tenant's right to quiet enjoyment of the premises.
Court Disposition
application allowed with conditions
Orders
- The tenant's application dated 8th January 2020 is allowed on condition that the outstanding rent of Kshs 5,000 is paid as demanded in the landlord's replying affidavit.
- The tenant is to continue occupying the premises without interference upon payment of the outstanding rent.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 10 OF 2021 (NAIROBI)
NANCY NJERI....................................................TENANT/APPLICANT
VERSUS
SAMUEL MUCHIRI................................LANDLORD/RESPONDENT
RULING
The Tenant/Applicant’s notice of motion dated 8th January 2020 sought the following orders;
1. Spent.
2. That the Respondent/Landlord allows the Tenant to continue with his business without interruption.
3. That the Landlord and/or his agent, servants and/or his employees be prohibited forthwith by this court from unlawfully intercepting, harassing, intimidating and/or evicting, closing, or threatening, interfering, tampering demolishing, disconnecting electricity power, disposing by and/or any manner whatsoever and howsoever with the Applicant’s quiet occupation and lawful enjoyment of the suit premises located at Kiambu – Kiamba.
4. That the OCS of Karuri Police Station to assist in compliance with the orders.
5. That the costs of the application be provided for.
The main grounds upon which the application is based can be summarized as follows:
1. That the Landlord’s threat to evict is selfish, illegal and contrary to the provisions of Cap 301 of the Laws of Kenya.
2. That the Applicant is a protected Tenant and she does not owe the Landlord any rent arrears.
3. That the Landlord is desirous of evicting the Applicant/Tenant so that the Landlord may occupy the suit premises.
The Applicant’s affidavit may be summarized as follows;
1. That the Tenant’s rent is fully paid.
2. That the Tenant has been the Respondent’s Tenant for thirteen years and she solely depends on the suit premises for her upkeep.
3. That the Tenant has heavily invested in the suit premises.
The Respondent/Landlord has opposed the Tenant’s application by his replying affidavit dated 20th January 2021 and which I proceed to summarized as follows;
1. That the Tenant has not paid her rent for the month of January 2021.
2. That the Respondent has no objection to the Applicant continuing with her business provided the Applicant pays her rent on the due date.
3. That the Tenant be ordered to pay the January rent amounting to Kshs 5,000 and continuous paying her rent until this reference is heard and determined.
When this matter came up for hearing on 2nd March 2021, the Tenant/Applicant was present but the Landlord did not attend. The Tenant urged that her application be allowed.
I have considered the averments on the affidavit sworn by the Applicant and the response filed by way of the affidavit of the Landlord. I note that the only concern of the Landlord in that the rent be paid on time/when due. The outstanding rent as per his affidavit is the January rent amounting to Kshs 5,000/-. This is not disputed by the Applicant as no further reply was filed to the Landlord’s affidavit.
I will allow the Tenant’s application dated 8th January 2020 on condition that he pays the outstanding rent of Kshs 5,000/- as demanded on the Landlord’s replying affidavit.
It is so ordered.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
RULING DELIVERED BY HON CYPRIAN MUGAMBI NGUTHARI ON 6TH APRIL 2021 IN THE ABSENCE OF THE PARTIES.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL