Kieha v Mwangi & another (Tribunal Case E051 of 2025) [2025] KEBPRT 205 (KLR) (21 March 2025) (Ruling)
Neutral citation:
[2025] KEBPRT 205 (KLR)
Republic of Kenya
Tribunal Case E051 of 2025
CN Mugambi, Chair
March 21, 2025
Between
Muthoni Kiregu Kieha
LandLady
and
Martin Mwangi
1st Tenant
John Ngatia
2nd Tenant
Ruling
1.The Landlady/Applicant’s notice of Motion dated 15.1.2025 seeks orders that the Tenant vacates the suit premises and be further ordered to pay rent arrears amounting to Kshs. 175,000/= up to January 2025 in default of which, the Landlady be allowed to levy distress for the said rent using a licensed auctioneer.The Applicant has also sought an order that the court waives the 10% levy on further court fees. The assistance of the OCS Obama Police Station has also been sought.
2.The Applicant has deponed in her affidavit that the Tenant has rent arrears of Kshs. 175,000/= up to January 2025 and as a consequence of which, the Landlady served the Tenant with a notice to vacate by 5.01.2025.
3.I have seen the Landlady’s notice to terminate tenancy dated 28.10.2024 effective 5.01.2025. The notice is valid and is issued under Section 4(2) of Cap 301 of the Laws of Kenya.
4.The Tenant has not filed any Reference in opposition to the Landlady’s notice to terminate tenancy as a consequence of which, the notice became effective from the date shown therein.
5.Although the Applicant has prayed that the court waives the payment of any further court fees and although the court may in appropriate circumstances and for good reason grant the said order, the Applicant has not demonstrated her lack of ability to pay any further court fees that the court may order. Indeed, the Applicant makes no reference to her inability to raise the further court fees in her Affidavit and in these circumstances, I decline to grant the said prayer.
6.The Application being unopposed, I proceed to allow the same in the following terms;-a.That the Landlady’s notice to terminate tenancy is hereby approved and the tenancy between the parties herein is hereby terminated.b.That the Tenant is hereby ordered to vacate the suit premises within the next thirty (30) days failing which, the Landlady will be at liberty to evict the Tenant using a licensed auctioneer.c.That the Tenant is hereby ordered to pay to the Landlady the outstanding rent arrears of Kshs. 175,000/= and any accrued rent up to and including the time the Tenant will vacate or be evicted from the suit premises.d.That the Tenant failing to pay the rent as ordered in order (c) above, the Landlady will be at liberty to levy distress for the said rent.e.That the OCS Obama Police Station will ensure peace prevails during the execution of these orders.f.The Reference by the Landlady is determined in the above terms.g.The Tenant will bear the costs of the Application and the Reference.h.This file is closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 21ST DAY OF MARCH, 2025HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the absence of the parties.