[2025] KEBPRT 322 (KLR)

[2025] KEBPRT 322 (KLR)

The tribunal found that the issues in dispute, including whether the applicant was in rent arrears, whether the landlord had lawfully locked the premises, and whether there was subletting or loss of business, were contested and required full hearing with oral evidence. To preserve the status quo and prevent irreparable harm, the tribunal granted the applicant quiet possession of the premises pending hearing and determination of the reference, conditional upon payment of admitted rent arrears of Kshs. 30,000 within 30 days and continued payment of rent as it accrues. The tribunal declined to grant compensation at this stage, holding that such claims would be determined after hearing the...

Citation
[2025] KEBPRT 322 (KLR)
Parties
Applicant: Japhet Moriga Ratemo; Respondent: Sarah Kuronoi
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
2 July 2025
Case Number
Tribunal Case E144 of 2025
Procedural Posture
Tribunal Application / Ruling on Interlocutory Application for Restoration of Possession and Interim Relief
Outcome
Application allowed in part; interim possession granted to applicant pending hearing of reference; conditional orders on rent arrears and future rent; costs reserved.
Judges
N Wahome, Joyce Murigi
Legal Topics
Landlord Tenant Disputes, Interim Injunctions, Rent Arrears, Quiet Possession
Source Language
English
Land and Property Civil Procedure Landlord Tenant Disputes Interim Injunctions Rent Arrears Quiet Possession

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Parties

Japhet Moriga Ratemo

Applicant

Sarah Kuronoi

Respondent

Procedural Posture

Tribunal Application / Ruling on Interlocutory Application for Restoration of Possession and Interim Relief

Legal Issues

  1. 1 Whether the applicant is entitled to restoration of possession of the demised premises pending hearing of the reference.
  2. 2 Whether the landlord was justified in locking the premises and/or evicting the tenant contrary to Cap. 301.
  3. 3 Whether the applicant is entitled to compensation for loss of business.

Ratio Decidendi

The tribunal found that the issues in dispute, including whether the applicant was in rent arrears, whether the landlord had lawfully locked the premises, and whether there was subletting or loss of business, were contested and required full hearing with oral evidence. To preserve the status quo and prevent irreparable harm, the tribunal granted the applicant quiet possession of the premises pending hearing and determination of the reference, conditional upon payment of admitted rent arrears of Kshs. 30,000 within 30 days and continued payment of rent as it accrues. The tribunal declined to grant compensation at this stage, holding that such claims would be determined after hearing the...

Court Disposition

Application allowed in part; interim possession granted to applicant pending hearing of reference; conditional orders on rent arrears and future rent; costs reserved.

Orders

  • The applicant shall be allowed complete quiet possession of the demised premises pending hearing and determination of the reference.
  • The applicant shall settle the admitted rent arrears at Kshs. 30,000 within 30 days; in default, the landlord may levy distress for recovery at the applicant's expense.