[2025] KEBPRT 230 (KLR)
The tribunal found that the landlord failed to provide evidence establishing a connection between the electricity account in question and the tenant. The bill was in the name of a third party, Asembo Trunkworks, and no nexus was demonstrated between the account holder and the tenant or the person who allegedly...
Source-derived case information.
- Citation
- [2025] KEBPRT 230 (KLR)
- Parties
- Applicant: Martin Hunyu Thiong''go (Suing As The Legal Administrator Of The Estate Of Luciah Hunyu); Respondent: Benson Mwangi T/A Bensow Electrical
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E013 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- CN Mugambi
- Legal Topics
- Landlord Tenant Disputes, Utility Bills Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Hunyu Thiong''go (Suing As The Legal Administrator Of The Estate Of Luciah Hunyu)
Applicant
Benson Mwangi T/A Bensow Electrical
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the tenant is liable to pay the outstanding electricity bill as claimed by the landlord.
- 2 Whether the tenant should reimburse the landlord for monies paid towards the electricity bill.
Ratio Decidendi
The tribunal found that the landlord failed to provide evidence establishing a connection between the electricity account in question and the tenant. The bill was in the name of a third party, Asembo Trunkworks, and no nexus was demonstrated between the account holder and the tenant or the person who allegedly leased the premises to the tenant. Without such evidence, the tribunal could not find the tenant liable for the outstanding electricity bill or for reimbursement of monies paid by the landlord. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The landlord's application dated 7.01.2025 is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Thiong''go (Suing as the Legal Administrator of the Estate of Luciah Hunyu) v Mwangi t/a Bensow Electrical (Tribunal Case E013 of 2025) [2025] KEBPRT 230 (KLR) (Civ) (23 April 2025) (Ruling)
Neutral citation: [2025] KEBPRT 230 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case E013 of 2025
CN Mugambi, Chair
April 23, 2025
Between
Martin Hunyu Thiong''go (Suing As The Legal Administrator Of The Estate Of Luciah Hunyu)
Landlord
and
Benson Mwangi T/A Bensow Electrical
Tenant
Ruling
1. The Landlord’s Application dated 7. 01. 2025 seeks orders that the Tenant be ordered to pay the outstanding electricity bill and that further the Tenant be ordered to reimburse to the Landlord the monies already paid (presumably in settling part of the electricity bill).
2. The Landlord has deponed in his Affidavit in support of the Application that the Respondent has failed and neglected to pay the electricity bill amounting to Kshs. 404,947. 30/=. It is the Applicant’s deposition that as a result of the Tenant’s failure to clear the electricity bill, KPLC disconnected power from the pole and the other Tenants contributed Kshs. 100,000/= to have the power reconnected.
3. I have perused the Affidavits sworn by the Applicant. I have seen the bill that has been annexed to the said Affidavits and I note that the said bill is in the name of Asembo Trunkworks, Account No.2006623. The Applicant has not demonstrated the connection/nexus between the customer/Accountholder and the Tenant or between the account holder and Martha Muthoni who is said to have given out the suit premises to the Tenant.
4. In the circumstances, there is no evidence presented before the Tribunal to show that the Tenant indeed owes or is obligated to pay the alleged electricity bill.
5. Consequently, the Application by the Landlord is dismissed with no orders as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 23RD DAY OF APRIL 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNAL