[2025] KEBPRT 268 (KLR)

[2025] KEBPRT 268 (KLR)

The Tribunal found that the landlord's notice to terminate tenancy was validly issued and properly served in accordance with Cap 301. The tenant failed to notify the landlord of any intention to oppose the notice and did not file a reference with the Tribunal before the effective date. The statement of defence filed by the tenant did not amount to compliance with the statutory requirements. Consequently, the notice to terminate took effect on 1 August 2024, and the tenancy was lawfully terminated. The tenant became a trespasser from that date. The landlord was therefore entitled to an order for vacant possession, eviction if necessary, and recovery of all outstanding rent arrears. The...

Citation
[2025] KEBPRT 268 (KLR)
Parties
Applicant: Asbel Kipng’etich Tuwei; Respondent: Samson Kimutai Langat
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
5 May 2025
Case Number
Tribunal Case E093 of 2024
Procedural Posture
Landlord Tenant Reference / Ruling on Landlord's Reference for Termination and Eviction
Outcome
Landlord's reference allowed; tenancy terminated; eviction and rent arrears orders granted.
Judges
CN Mugambi
Legal Topics
Controlled Tenancy, Termination of Tenancy, Eviction Orders, Rent Arrears, Notice Requirements
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Termination of Tenancy Eviction Orders Rent Arrears Notice Requirements

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Asbel Kipng’etich Tuwei

Applicant

Samson Kimutai Langat

Respondent

Procedural Posture

Landlord Tenant Reference / Ruling on Landlord's Reference for Termination and Eviction

Legal Issues

  1. 1 Whether the landlord's notice to terminate tenancy was valid and properly served.
  2. 2 Whether the tenant's response constituted a valid opposition to the notice under Cap 301.
  3. 3 Whether the landlord is entitled to an eviction order and recovery of rent arrears.

Ratio Decidendi

The Tribunal found that the landlord's notice to terminate tenancy was validly issued and properly served in accordance with Cap 301. The tenant failed to notify the landlord of any intention to oppose the notice and did not file a reference with the Tribunal before the effective date. The statement of defence filed by the tenant did not amount to compliance with the statutory requirements. Consequently, the notice to terminate took effect on 1 August 2024, and the tenancy was lawfully terminated. The tenant became a trespasser from that date. The landlord was therefore entitled to an order for vacant possession, eviction if necessary, and recovery of all outstanding rent arrears. The...

Court Disposition

Landlord's reference allowed; tenancy terminated; eviction and rent arrears orders granted.

Orders

  • The tenancy between the landlord and tenant was effectively terminated on 1 August 2024.
  • The tenant is to render vacant possession of the premises within sixty (60) days of the ruling, failing which the landlord may evict using a licensed auctioneer.