[2025] KEBPRT 291 (KLR)

[2025] KEBPRT 291 (KLR)

The tribunal found that the landlord did not issue a valid notice to increase rent, as the notice in question was denied by the landlord and thus posed no threat. The only notice served by the landlord was the notice to terminate tenancy dated 13.2.2025, which the tribunal determined did not comply with the mandatory requirements of Section 4 of Cap 301 and was therefore invalid and of no legal effect. Consequently, the tribunal held that the tenants were entitled to protection from unlawful eviction and arbitrary rent increases, and granted the orders sought, restraining the landlord from interfering with the tenants' occupation and enjoyment of the premises. The landlord was ordered to...

Citation
[2025] KEBPRT 291 (KLR)
Parties
Applicant: Mwita Sarah Samwel; Applicant: Mwita Chacha Charles t/a Nyakwiria Enterprises; Respondent: Mbugi Naftaly David
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
20 May 2025
Case Number
Tribunal Case E021 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
Application allowed in favour of the tenants.
Judges
CN Mugambi
Legal Topics
Controlled Tenancy, Unlawful Eviction, Rent Increase Disputes, Notice of Termination
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Unlawful Eviction Rent Increase Disputes Notice of Termination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mwita Sarah Samwel

Applicant

Mwita Chacha Charles t/a Nyakwiria Enterprises

Applicant

Mbugi Naftaly David

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the landlord is entitled to increase rent without proper notice under the law.
  2. 2 Whether the notice to terminate tenancy issued by the landlord is valid under Section 4 of Cap 301.
  3. 3 Whether the tenants are entitled to injunctive relief restraining the landlord from eviction or interference.

Ratio Decidendi

The tribunal found that the landlord did not issue a valid notice to increase rent, as the notice in question was denied by the landlord and thus posed no threat. The only notice served by the landlord was the notice to terminate tenancy dated 13.2.2025, which the tribunal determined did not comply with the mandatory requirements of Section 4 of Cap 301 and was therefore invalid and of no legal effect. Consequently, the tribunal held that the tenants were entitled to protection from unlawful eviction and arbitrary rent increases, and granted the orders sought, restraining the landlord from interfering with the tenants' occupation and enjoyment of the premises. The landlord was ordered to...

Court Disposition

Application allowed in favour of the tenants.

Orders

  • The landlord is restrained from illegally increasing the rent for the suit premises.
  • The notice to terminate the tenancy dated 13.2.2025 is declared invalid, illegal, and of no effect.