[2025] KEBPRT 176 (KLR)
The tribunal found that the landlord's application was unopposed, as the tenant failed to file any response or contest the claim of rent arrears. The landlord's assertion of Kshs. 369,000 in arrears was therefore uncontested. Under Section 3 of the Distress for Rent Act, the landlord's right to levy distress for...
Source-derived case information.
- Citation
- [2025] KEBPRT 176 (KLR)
- Parties
- Applicant: Sirgoi Holdings Limited; Respondent: Royal Capital Placement Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E111 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Leave to Levy Distress for Rent
- Outcome
- Application allowed as prayed; landlord granted leave to break into premises and levy distress for rent; file ordered closed.
- Judges
- CN Mugambi
- Legal Topics
- Distress for Rent, Rent Arrears, Landlord Tenant Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sirgoi Holdings Limited
Applicant
Royal Capital Placement Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Leave to Levy Distress for Rent
Legal Issues
- 1 Whether the landlord is entitled to orders to break into the suit premises and levy distress for rent against the tenant.
- 2 Whether the landlord has established the existence of rent arrears justifying the relief sought.
Ratio Decidendi
The tribunal found that the landlord's application was unopposed, as the tenant failed to file any response or contest the claim of rent arrears. The landlord's assertion of Kshs. 369,000 in arrears was therefore uncontested. Under Section 3 of the Distress for Rent Act, the landlord's right to levy distress for rent had crystallized. The tribunal concluded that the landlord was entitled to the orders sought, including leave to break into the premises and levy distress for rent, with police assistance if necessary.
Court Disposition
Application allowed as prayed; landlord granted leave to break into premises and levy distress for rent; file ordered closed.
Orders
- The landlord is granted leave to break into the suit premises, gain entry, and levy distress for rent against the tenant.
- The OCS, Eldoret Central Police Station, is to assist in the enforcement of these orders if necessary.
Full Case Text
Judgment text and source record
23 paragraphs
Sirgoi Holdings Limited v Royal Capital Placement Limited (Tribunal Case E111 of 2024) [2025] KEBPRT 176 (KLR) (25 February 2025) (Ruling)
Neutral citation: [2025] KEBPRT 176 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E111 of 2024
CN Mugambi, Chair
February 25, 2025
Between
Sirgoi Holdings Limited
Landlord
and
Royal Capital Placement Limited
Landlord
Ruling
1. The Application by the Landlord dated 11. 11. 2024 seeks orders that the Landlord be allowed to break into the suit premises, gain entry therein and levy distress for rent against the Tenant. The Landlord has also sought the assistance of the OCS, Eldoret Central Police Station in the enforcement of the orders sought.
2. The Application is supported by the Affidavit of Ms. Elnathan Chumo wherein amongst other depositions, it has been deponed that the Tenant is in rent arrears of Kshs. 369,000/= and has locked the suit premises.
3. On 8. 01. 2025, Ms. Ayieko Advocate appeared for the Tenant and both parties were directed to file their responses and submissions. When this matter came up for mention on 4. 02. 2025, Ms. Ayieko Advocate sought for time to file her client’s responses, the parties were reminded to comply with the orders issued on 8. 01. 2025.
4. The Tenant has not filed any response to the Application by the Landlord and in the circumstances, the Application is unopposed.
5. The Application by the Landlord basically seeks leave to levy distress against the Tenant. The Tenant has not denied the Landlord’s assertion that the Tenant is in rent arrears amounting to Kshs. 369,000/= as at the filing of the motion.Consequently, the right of the Landlord to levy distress for rent has already crystalized under Section3 of Cap 293, The Distress for Rent Act.
6. The Application by the Landlord is therefore allowed as prayed.
7. The Reference by the Landlord is also allowed in the terms of the order at paragraph 6 above.
8. This file is hereby ordered closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF FEBRUARY, 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the absence of the parties.