Immaculate Wanjiku v Francis Ndungire [2021] KEBPRT 61 (KLR)

Immaculate Wanjiku v Francis Ndungire [2021] KEBPRT 61 (KLR)

REPUBLIC OF KENYA

IN THE BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO. E370 OF 2021 NAIROBI

IMMACULATE WANJIKU.................................................APPLICANT/TENANT

AND

FRANCIS NDUNGIRE.............................................RESPONDENT /LANDLORD

RULING

1. The Landlord served a notice to terminate the tenancy dated 25th May 2020 to the Tenant to vacate the premises by 5th August 2021.

2. Aggrieved by this notice the Tenant filed a reference on 3rd August 2021 seeking protection under cap 301 from eviction on 5th of August 2021. Accompanying this reference was a notice of motion dated 3rd August 2021 under certificate seeking injunctive reliefs.

3. The same were granted pending hearing inter partes. The landlord has since filed a replying affidavit sworn by one Francis Maina Ndugire on 8th September 2021. Together with a preliminary objection dated 8th September 2021on the grounds that this was a fixed term lease for 5 years 6 months and there was no intention to renew the same thus in the absence of any renewal the Tenant was bound to yield the premises to the Landlord. Thus robbing this tribunal off its jurisdiction. The lease has been annexed.

4. The main issue for determination herein is the question of jurisdiction as raised in the preliminary objection does this tribunal have jurisdiction? And the answer is NO.

5. I have taken the liberty to peruse the lease agreement and find it to be a fixed term lease though the copy provided is not dated or witnessed but it is signed by the parties and the Tenant has not denied the same. Clause 4.5 Required the tenant to show interest in the renewal of the said 5 years 6 months lease 3 months before expiry they did not but of importance is that this Tribunal deals with leases of 5 years and below or if above the parties ought to carryout themselves in a manner that creates an intention to have a landlord tenant relationship I do not see any such intention.

6. I note that it is indeed a fixed term lease of 5 years and 6 months commencing on 15th of January 2016 and the same has since expired. There is no termination clause and the landlord having shown clearly intention by his actions not to renew the same or continue with the same the tenant is bound by the contract they signed.

7.  This tribunal has no jurisdiction in the circumstances and proceeds to order as follows;

a) The Tenants reference and application dated 3rd August 2021 are dismissed with costs for want of jurisdiction.

b) The Landlord is at liberty to commence distress and eviction proceedings for rent arrears in the manner prescribed by law.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON A. MUMA THIS 28TH DAY OF DECEMBER, 2021 in the presence of Kiema for the Landlord and Okangi for the Tenant..

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

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