REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 28 OF 2021 (KAKAMEGA)
ALI SIRO JUMA....................................................LANDLORD/APPLICANT
VERSUS
ERICK OKOTH.........................................................TENANT/RESPONDENT
RULING
The Landlord’s application dated 27th January 2021 seeks leave of the Tribunal to allow the Landlord to levy distress of rent at the suit premises at Harambee Market and further seeks the assistance of the Officer Commanding Harambee Police Post/Patrol base in ensuring there is security during the exercise.
The application is brought on the grounds that the Tenant/Respondent is indebted to the Applicant in terms of rent arrears and electricity bill totaling to a sum of Kshs 22,000/-. Further, it is stated that the Tenant has purposefully refused to pay the rent and his electricity bill.
The application is also supported by the affidavit of the Applicant sworn on 18th January 2021. The upshot of the said affidavit is that the Tenant is in rent arrears amounting to Kshs 20,000/- and electricity bill amounting to Kshs 2,000/-. That further the Tenant secretly opens the business premises to avoid paying rent or having the same demanded from him. I have read and considered the contents of the said affidavit.
The Landlord’s application is not opposed. I am satisfied that the Tenant was served with the application and the hearing notice. An affidavit of service has been sworn and filed by one Moses Kuloba Keya a licensed Court Process Server. The affidavit of service in respect of the application is the one dated 7th April 2021 while the one which is in respect of the hearing notice for 16th June 2021 is the one dated/sworn on 9th June 2021.
In the circumstances, I allow the Landlord’s application dated 27th January 2021 in terms of prayers 3, 4 and 5 of the said application. For the avoidance of doubt, the grant of the said prayers do not amount to eviction orders against the Tenant.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Ruling read and delivered virtually by Hon Cyprian Mugambi Nguthari this 2nd August day of 2021 in the absence of the parties.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL