[2025] KEBPRT 303 (KLR)

[2025] KEBPRT 303 (KLR)

The Tribunal found that the landlord issued contradictory and unsupported figures for rent arrears, ranging from Kshs.200,000/- to Kshs.6,950,000/-, without maintaining a proper rent book as required by law. The notice of termination was based on arrears insufficient to meet the statutory threshold for lawful termination under Section 7(1)(b) of Cap. 301, rendering it invalid. The Tribunal held that any levy of distress for rent must be preceded by a proper reconciliation of accounts and confirmation of actual arrears. The Tribunal ordered the tenant to pay Kshs.1,450,000/- for arrears between October 2024 and May 2025 within 30 days, failing which distress may issue for that sum only....

Citation
[2025] KEBPRT 303 (KLR)
Parties
Applicant: Gabriel Oduori Wanyama; Respondent: Patrick Njiru Kuria; Respondent: Great Mwanzo Properties; Respondent: Icon Auctioneers
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
21 May 2025
Case Number
Tribunal Case E072 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Restraining Orders and Rent Dispute
Outcome
Application allowed in part; tenant granted quiet possession; partial payment of arrears ordered; distress limited to specified arrears; costs to abide reference outcome.
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Distress for Rent, Termination of Tenancy, Rent Arrears, Quiet Possession
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Distress for Rent Termination of Tenancy Rent Arrears Quiet Possession

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Parties

Gabriel Oduori Wanyama

Applicant

Patrick Njiru Kuria

Respondent

Great Mwanzo Properties

Respondent

Icon Auctioneers

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application for Restraining Orders and Rent Dispute

Legal Issues

  1. 1 Whether the tenant's application for restraining orders against the landlord has merit.
  2. 2 Whether the landlord's notice of termination is lawful under the Act.
  3. 3 Whether the landlord is entitled to levy distress for alleged rent arrears.

Ratio Decidendi

The Tribunal found that the landlord issued contradictory and unsupported figures for rent arrears, ranging from Kshs.200,000/- to Kshs.6,950,000/-, without maintaining a proper rent book as required by law. The notice of termination was based on arrears insufficient to meet the statutory threshold for lawful termination under Section 7(1)(b) of Cap. 301, rendering it invalid. The Tribunal held that any levy of distress for rent must be preceded by a proper reconciliation of accounts and confirmation of actual arrears. The Tribunal ordered the tenant to pay Kshs.1,450,000/- for arrears between October 2024 and May 2025 within 30 days, failing which distress may issue for that sum only....

Court Disposition

Application allowed in part; tenant granted quiet possession; partial payment of arrears ordered; distress limited to specified arrears; costs to abide reference outcome.

Orders

  • The tenant shall have quiet possession of the premises pending determination of the reference.
  • The tenant shall pay Kshs.1,450,000/- for arrears between October 2024 and May 2025 within 30 days; in default, distress may issue for that sum.