[2025] KEBPRT 282 (KLR)

[2025] KEBPRT 282 (KLR)

The Tribunal found that while the Tenant did not specifically plead or prove her claim for Kshs.1,000,000 in renovations, and there was insufficient evidence of threats of eviction, the inspection report confirmed that water and electricity had been disconnected and only restored after court intervention. The Tribunal held that the Tenant was entitled to quiet possession and uninterrupted utility supply under Section 12(4) of Cap. 301. However, the Landlord had demonstrated rent and utility arrears, and the Tenant was ordered to settle these by 30th April 2025, failing which the Landlord could levy distress. Each party was ordered to bear their own costs, as both had partial success. The...

Citation
[2025] KEBPRT 282 (KLR)
Parties
Applicant: Janet Khatonde Tulei; Respondent: Lucy Nyambura
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
23 April 2025
Case Number
Tribunal Case E089 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
Application allowed in part; orders granted for quiet possession and utility reconnection, with payment of arrears required.
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Landlord Tenant Disputes, Quiet Possession, Utility Disconnection, Rent Arrears
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Landlord Tenant Disputes Quiet Possession Utility Disconnection Rent Arrears

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Parties

Janet Khatonde Tulei

Applicant

Lucy Nyambura

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the Tenant's application for reconnection of water and electricity and for quiet possession has merit.
  2. 2 What orders should be made regarding the parties' respective claims and obligations.
  3. 3 Who should bear the costs of the suit.

Ratio Decidendi

The Tribunal found that while the Tenant did not specifically plead or prove her claim for Kshs.1,000,000 in renovations, and there was insufficient evidence of threats of eviction, the inspection report confirmed that water and electricity had been disconnected and only restored after court intervention. The Tribunal held that the Tenant was entitled to quiet possession and uninterrupted utility supply under Section 12(4) of Cap. 301. However, the Landlord had demonstrated rent and utility arrears, and the Tenant was ordered to settle these by 30th April 2025, failing which the Landlord could levy distress. Each party was ordered to bear their own costs, as both had partial success. The...

Court Disposition

Application allowed in part; orders granted for quiet possession and utility reconnection, with payment of arrears required.

Orders

  • The Tenant shall be allowed quiet possession of the demised premises without any interference with the water and electricity supply thereof.
  • The Tenant shall settle all the rents in arrears together with water and garbage collection fees on or before the 30/4/2025 and in default the Landlord shall be at liberty to levy distress at the Tenant's expense.