Mohamed v Barwakko Stores Limited (Tribunal Case E202 of 2025) [2025] KEBPRT 381 (KLR) (15 August 2025) (Ruling)
Neutral citation:
[2025] KEBPRT 381 (KLR)
Republic of Kenya
Tribunal Case E202 of 2025
J Osodo, Chair & Gakuhi Chege, Member
August 15, 2025
Between
Sumayo Hassan Mohamed
Tenant
and
Barwakko Stores Limited
Landlord
Ruling
A. Dispute Background
1.This matter was commenced vide a Reference under Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, filed by the tenant/applicant on 21st February 2025. The tenant sought the Tribunal’s intervention against what she termed the unlawful disconnection of electricity from her business premises and interference with her quiet possession.
2.The tenant deposes in her supporting affidavit dated 21st February 2025 that she entered into a tenancy agreement dated 26th November 2024 (Annexure ‘SHM 1’) for two shops. She states that she paid nine months’ rent in advance amounting to Kshs 1,620,000, together with a rent deposit of Kshs 180,000, and an additional Kshs 204,000 to complete unfinished works (Annexure ‘SHM 2’ are various payments made to the landlord). She further expended Kshs 930,000 on renovations.
3.The tenant alleges that on 14th February 2025, the landlord’s director and agent disconnected the electricity without notice, despite there being no rent arrears. She claims that this led to losses of Kshs 50,400 in perishable goods (Annexure SHM 3 is a copy of a demand letter dated 19th February 2025). She further alleges that the landlord demanded an increased rent and threatened eviction.
4.The landlord filed a Replying Affidavit sworn on 20th March 2025. He admits the tenancy but contends that, after the tenant requested a larger second shop, the rent was renegotiated from Kshs 1,620,000 to Kshs 2,420,000. He alleges that the tenant failed to pay the full revised amount and that the disconnection was due to default. No documentary evidence of a written variation or arrears was produced.
5.Directions were issued for disposal of the application by way of written submissions. The tenant filed her submissions, but the landlord, despite being granted leave, failed to file any submissions.
B. Issues For Determination(a)Whether the tenant is entitled to the orders sought in the application.(b)Who shall bear the costs of the application.
Whether the Tenant is Entitled to the Orders Sought
6.The tenant has exhibited the tenancy agreement (SHM 1) and payment receipts (annexure ‘SHM 2’) showing substantial compliance with the original rent terms. The landlord’s assertion of a rent variation to Kshs 2,420,000 is unsupported.
7.Disconnection of electricity in a controlled tenancy without the tenant’s consent or an order of the Tribunal is unlawful. In Kenya Hotel Properties Ltd v Willesden Investments Ltd [2009] eKLR, the Court of Appeal stated:
8.Applying the principles in Giella v Cassman Brown & Co. Ltd [1973] EA 358, the tenant has demonstrated a prima facie case with a probability of success, a likelihood of irreparable harm if interference continues, and that the balance of convenience favours the grant of injunctive relief.
9.On the claim for damages of Kshs 50,400, the tenant has not provided strict proof in the form of receipts, invoices, or other verifiable documentary evidence to substantiate the alleged loss. In Hahn v Singh [1985] KLR 716, the Court of Appeal held:
10.Given the absence of such proof, the Tribunal finds that the claim for damages fails, though the tenant remains entitled to protective and restorative orders regarding electricity reconnection and quiet possession.
Who Shall Bear the Costs
11.Under Section 12(1) (k) of Cap. 301, Laws of Kenya, costs of any suit before this tribunal are in its discretion but always follow the event unless for good reasons otherwise ordered. We shall order costs to the tenant/applicant.
C. Orders
12.In conclusion, the following orders commend to us; -a.The application dated 21st February 2025 is hereby allowed in terms of prayers 2, 3, 4 and 6.b.The reference dated 21st February 2025 is settled in termsc.Costs of this application are awarded to the tenant/applicant.It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 15TH AUGUST 2025HON. JOYCE AKINYI OSODO - (PANEL CHAIRPERSON)BUSINESS PREMISES RENT TRIBUNALHON GAKUHI CHEGE - MEMBER)In the presence of:Ruling delivered in the absence of parties