REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 10 OF 2021 (NAIROBI)
NANCY NJERI....................................................TENANT/APPLICANT
VERSUS
SAMUEL MUCHIRI................................LANDLORD/RESPONDENT
RULING
The Tenant/Applicant’s notice of motion dated 8th January 2020 sought the following orders;
1. Spent.
2. That the Respondent/Landlord allows the Tenant to continue with his business without interruption.
3. That the Landlord and/or his agent, servants and/or his employees be prohibited forthwith by this court from unlawfully intercepting, harassing, intimidating and/or evicting, closing, or threatening, interfering, tampering demolishing, disconnecting electricity power, disposing by and/or any manner whatsoever and howsoever with the Applicant’s quiet occupation and lawful enjoyment of the suit premises located at Kiambu – Kiamba.
4. That the OCS of Karuri Police Station to assist in compliance with the orders.
5. That the costs of the application be provided for.
The main grounds upon which the application is based can be summarized as follows:
1. That the Landlord’s threat to evict is selfish, illegal and contrary to the provisions of Cap 301 of the Laws of Kenya.
2. That the Applicant is a protected Tenant and she does not owe the Landlord any rent arrears.
3. That the Landlord is desirous of evicting the Applicant/Tenant so that the Landlord may occupy the suit premises.
The Applicant’s affidavit may be summarized as follows;
1. That the Tenant’s rent is fully paid.
2. That the Tenant has been the Respondent’s Tenant for thirteen years and she solely depends on the suit premises for her upkeep.
3. That the Tenant has heavily invested in the suit premises.
The Respondent/Landlord has opposed the Tenant’s application by his replying affidavit dated 20th January 2021 and which I proceed to summarized as follows;
1. That the Tenant has not paid her rent for the month of January 2021.
2. That the Respondent has no objection to the Applicant continuing with her business provided the Applicant pays her rent on the due date.
3. That the Tenant be ordered to pay the January rent amounting to Kshs 5,000 and continuous paying her rent until this reference is heard and determined.
When this matter came up for hearing on 2nd March 2021, the Tenant/Applicant was present but the Landlord did not attend. The Tenant urged that her application be allowed.
I have considered the averments on the affidavit sworn by the Applicant and the response filed by way of the affidavit of the Landlord. I note that the only concern of the Landlord in that the rent be paid on time/when due. The outstanding rent as per his affidavit is the January rent amounting to Kshs 5,000/-. This is not disputed by the Applicant as no further reply was filed to the Landlord’s affidavit.
I will allow the Tenant’s application dated 8th January 2020 on condition that he pays the outstanding rent of Kshs 5,000/- as demanded on the Landlord’s replying affidavit.
It is so ordered.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
RULING DELIVERED BY HON CYPRIAN MUGAMBI NGUTHARI ON 6TH APRIL 2021 IN THE ABSENCE OF THE PARTIES.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL