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Munga v Hamisi (Tribunal Case E137 of 2025) [2025] KEBPRT 393 (KLR) (20 August 2025) (Ruling)

Munga v Hamisi (Tribunal Case E137 of 2025) [2025] KEBPRT 393 (KLR) (20 August 2025) (Ruling)
Citation
Munga v Hamisi [2025] KEBPRT 393 (KLR)
Media Neutral Citation
[2025] KEBPRT 393 (KLR)
Court
Business Premises Rent Tribunal
Outcome
Struck out
Case number
Tribunal Case E137 of 2025
Judges
N Wahome, Joyce Murigi
Judgment date
20 August 2025
Language
English
Type
Judgment
Original source file
Download DOCX (18.0 KB)
Collections
Date published
05 September 2025
Case action
Ruling
Filing county
Nairobi
Order
Application dated 8/5/2025 struck out with no orders as to costs and further do order that the status quo obtaining at the suit premises be maintained pending the hearing and determination of the reference herein. The parties are further directed to comply with order 11 of the Civil Procedure Rules in preparation for the hearing of the reference. The Tenant shall have 21 days to comply and serve with even days for the Landlord to comply and serve on service.
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1.This matter was originated by the reference dated 8th May 2025. The same is anchored on Section 6 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301). The same prayed for the following relief,-“I therefore request the Tribunal to investigate the matter and determine the issues involved”.
2.The reference had been triggered by the Landlord’s notice of termination dated the 1st of March, 2025. The notice was projected to take effect on the 1st May 2025.
3.It is our view that a reference filed under Section 6 of the Act did not require to be accompanied by a notice of motion or any other application. The reference is self regulating and by operation of the law it triggers the requirement of status quo obtaining to be sustained pending the hearing and determination of all the issues before the court.
4.The Section provides that:-“A receiving party who wishes to oppose a tenancy notice, and who has notified the requesting party under Section 4(5) of this Act that he does not agree to comply with the Tenancy notice, may before the date upon which such notice is to take effect, refer the matter to a Tribunal, whereupon such notice shall be of no effect until and subject to the determination of the reference by the Tribunal”.
5.In our view therefore, there was no requirement under this Act for the Tenant to file the application dated 8th May 2025 as the orders sought for had already taken effect by the filing of the reference of the even date under Section 6 of the Act.
6.We would therefore make an order for striking out of the application dated 8/5/2025 with no orders as to costs and further do order that the status quo obtaining at the suit premises be maintained pending the hearing and determination of the reference herein.
7.The parties are further directed to comply with order 11 of the Civil Procedure Rules in preparation for the hearing of the reference. The Tenant shall have 21 days to comply and serve with even days for the Landlord to comply and serve on service.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 20TH DAY OF AUGUST 2025.HON. NDEGWA WAHOME MBS - PANEL CHAIRPERSONHON. JOYCE MURIGI - MEMBERBUSINESS PREMISES RENT TRIBUNALRuling delivered in the absence of the parties through duly notified.HON. NDEGWA WAHOME MBS - PANEL CHAIRPERSONHON. JOYCE MURIGI - MEMBERBUSINESS PREMISES RENT TRIBUNAL
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1. Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cited 1247 citations
Legal Notice 1
1. Civil Procedure Rules Cited 4100 citations

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