[2025] KEBPRT 232 (KLR)

[2025] KEBPRT 232 (KLR)

The Tribunal found that the Landlady had duly served the Tenant with a termination notice in compliance with Cap 301, and that the Tenant failed to respond, vacate, or refer the matter to the Tribunal. Under Section 10 of Cap 301, the notice thus became effective on the specified date, terminating the tenancy. The Tenant's continued occupation after that date rendered him a trespasser. The Tribunal was satisfied with the evidence of service and absence of opposition, and therefore allowed the Landlady's application for eviction and awarded her costs.

Citation
[2025] KEBPRT 232 (KLR)
Parties
Applicant: Grace Ogwada; Respondent: Isaac Musau Munywoki
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
25 April 2025
Case Number
Tribunal Case E201 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Eviction Application
Outcome
Application allowed. Eviction orders granted in favour of the Landlady. Tenant to bear costs.
Judges
CN Mugambi
Legal Topics
Controlled Tenancy, Termination of Tenancy, Eviction Orders, Service of Notice
Source Language
English
Land and Property Controlled Tenancy Termination of Tenancy Eviction Orders Service of Notice

Case Brief

Summary, issues, holding and outcome

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Parties

Grace Ogwada

Applicant

Isaac Musau Munywoki

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Eviction Application

Legal Issues

  1. 1 Whether the Landlady is entitled to eviction orders against the Tenant following service of a termination notice.
  2. 2 Whether the notice to terminate tenancy was properly served and effective under Cap 301.
  3. 3 Whether the Tenant's failure to respond or refer the matter to the Tribunal renders the notice effective.

Ratio Decidendi

The Tribunal found that the Landlady had duly served the Tenant with a termination notice in compliance with Cap 301, and that the Tenant failed to respond, vacate, or refer the matter to the Tribunal. Under Section 10 of Cap 301, the notice thus became effective on the specified date, terminating the tenancy. The Tenant's continued occupation after that date rendered him a trespasser. The Tribunal was satisfied with the evidence of service and absence of opposition, and therefore allowed the Landlady's application for eviction and awarded her costs.

Court Disposition

Application allowed. Eviction orders granted in favour of the Landlady. Tenant to bear costs.

Orders

  • The Landlady is granted eviction orders against the Tenant.
  • The Officer Commanding Station (OCS) to provide security during enforcement if the Tenant fails to vacate voluntarily.