Bid v Mwangi (Tribunal Case E567 of 2024) [2024] KEBPRT 1863 (KLR) (6 November 2024) (Ruling)
Neutral citation:
[2024] KEBPRT 1863 (KLR)
Republic of Kenya
Tribunal Case E567 of 2024
P May, Member
November 6, 2024
Between
Ashwin Bid
Landlord
and
Peter Mburu Mwangi
Tenant
Ruling
1.The application before me is the landlord’s notice of motion dated May 6, 2024 which principally sought orders of eviction against the tenant. The application was premised on the grounds set out on the face of the application. The landlord contended that the tenant had fallen into heavy arrears and had reneged on their promises to clear the arrears by way of instalments. The landlord stated that the tenant had also locked the premises and failed to yield vacant possession.
2.The tenant responded to the application by filing a brief replying affidavit sworn on 9th August, 2024 where they conceded to the application but urged the Tribunal to consider paying the arrears by way of monthly instalments of Kshs 150,000/- beginning in the month of August until payment in full.
3.The parties elected to have the application canvassed by way of written submissions. From perusal of the application, the response and the submissions on record it is clear that the dispute herein is fairly straightforward.It is plain that by the May, 2024 the Tenant was in rent arrears at Kshs 1,000,500/-
4.The duty to pay rent being at the heart of every tenancy, the failure to do so is an affront to the rights of the landlord. The Tribunal wishes to draw the wisdom of the case of; Samuel Kipkorir Ngeno & another v Local authorities Pension Trust (Registered Trustees) and another (2013) eKLR where the High Court held that:-
5.The question of arrears being uncontested and the tenant having conceded to the application, it will be an academic exercise to belabor on the merits of the application.
6.Flowing from the above, the following orders commend itself:i.The landlord shall within 3 days from the date hereof serve the tenant with an updated statement of accounts.ii.The tenant shall within receipt of the said statement clear all the outstanding rent arrears within 14 days. In default the landlord shall be at liberty to commence recovery proceedings including levying of distress without any further reference to the Tribunal.iii.This ruling settles the reference dated May 6, 2024.iv.The landlord is awarded costs assessed at Kshs 50,000/-.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 6TH DAY OF NOVEMBER, 2024.HON. PATRICIA MAY - MEMBERBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Wawira holding brief for Mukundi for the Applicant/Landlord, in the absence of the Respondent/Tenant