Mugambi v Kimaru (Tribunal Case E066 of 2025) [2025] KEBPRT 422 (KLR) (26 September 2025) (Ruling)
Neutral citation:
[2025] KEBPRT 422 (KLR)
Republic of Kenya
Tribunal Case E066 of 2025
J Osodo, Chair & Gakuhi Chege, Member
September 26, 2025
Between
Samson Mugambi
Tenant
and
Richard Kimaru
Landlord
Ruling
A. Background
1.Before this Tribunal is a Reference dated 12th May 2025 filed by the Tenant/Applicant, under Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, together with a Notice of Motion of even date. The Applicant sought for urgent restraining orders against the Respondent/Landlord, on account of alleged illegal disconnection of electricity and unlawful attempts to evict him without issuance of a proper termination notice.
2.The Applicant avers in his supporting affidavit dated 12th May 2025 that he entered into an oral tenancy agreement with the Respondent in 2023 at a monthly rent of KES. 8,000/=, which he paid faithfully. On 6th May 2025, the Landlord is said to have disconnected electricity to the premises without lawful cause and subsequently issued an oral notice requiring the Applicant to vacate.
3.The Applicant states that he runs a furniture workshop that requires electricity to operate machinery, and that the illegal disconnection caused him loss of approximately KES. 60,000/= weekly. He prays for restoration of electricity, police supervision and costs.
4.The application is supported by the Affidavit dated 12th May 2025, which annexes M-Pesa payment statements marked “SM1” evidencing rent payments.
5.The Landlord opposed the claim through a Further Replying Affidavit dated 16th June 2025. He avers that the Applicant had already vacated the premises on 6th May 2025 following an altercation involving some young men, and that the Applicant has since moved operations to adjacent premises. He contends that the Tenant is hoarding the suit premises while in rent arrears of KES. 16,000/= for May and June 2025.
6.The Landlord also filed a Reference dated 16th June 2025 opposing the application, arguing that there is no longer a landlord-tenant relationship and urging the Tribunal to strike out the claim for want of jurisdiction.
7.On 22nd May 2025, this Tribunal issued interim orders directing reconnection of electricity and ordering the OCS Nanyuki Police Station to supervise compliance.
8.On 19th June 2025, the Tribunal ordered that a site inspection be undertaken to confirm the status of occupation.
9.The inspection was conducted on 11th July 2025 by the Tribunal Rent Inspector, Nancy Mwangi, who filed a detailed Inspection Report dated 11th July 2025. The report confirmed that the Tenant was still in possession of the premises, with significant furniture items on site, and that part of his machinery had been moved to a neighbouring workshop due to electricity disconnection.
10.On 30th July 2025, at the Tribunal hearing, the Landlord confirmed that electricity supply had been reconnected. Therefore, the only outstanding issue before the Tribunal is the alleged unlawful termination of tenancy.
11.The Respondent also filed Written Submissions dated 12th August 2025, in which he reiterated that the Applicant has deserted the premises, is operating from a neighbouring unit, is in arrears, and that the application is an afterthought. He relied on the authority of Lall v Jeepee Investment Ltd Nairobi HCCA No. 120 of 1971 (1972) EA 512 where the Court held that the provisions of Cap 301 must be strictly complied with
B. Issues for Determination and Analysis
12.The following issues arise for determination:a.Whether the Tenant/Applicant is entitled to the prayers sought in the application dated 12th May 2025.b.Whether the notice to terminate tenancy is legal and validc.Who shall bear the costs of the application?
Issue (a) Whether the tenant/applicant is entitled to the prayers sought in the application dated 12th May 2025
13.It is not in dispute that the parties had an oral tenancy at a monthly rent of KES. 8,000/=. The Tenant has exhibited M-Pesa statements evidencing rent payments.
14.The Respondent contends that the Applicant had vacated the premises and is in arrears. However, the Inspection Report dated 11th July 2025 confirmed that the Applicant was still in possession of the premises, with substantial stock and workshop equipment, though part of his machinery had been relocated due to electricity disconnection.
15.The Tribunal is satisfied that the Applicant has demonstrated occupation of the premises and that the disconnection of electricity by the Respondent was unlawful. However, as at the hearing of 30th July 2025, the Respondent confirmed reconnection of electricity, thereby rendering this issue moot.
Issue (b) Whether the notice to terminate tenancy is valid and legal
16.Section 4 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, sets out mandatory procedures for the termination of controlled tenancies. These include issuance of a proper statutory notice in the prescribed form and allowing the tenant two months to respond.
17.The Respondent has admitted issuing only an oral termination notice. Such action does not meet the threshold of the law.
18.The Court of Appeal in Manaver N Alibhai t/a Diani Boutique – vs- South Coast Fitness & Sports Centre Limited Civil Appeal No. 203 of 1994 held as follows: –
8.Guided by the above binding authority, this Tribunal finds that no valid termination notice has been issued. The tenancy between the parties therefore subsists.
On Issue (c) Who shall bear the costs of the application?
8.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 of the application to the tenant/applicant.
C. Orders
8.Accordingly, the Tribunal makes the following orders:a.The Tenant’s Notice of Motion dated 12th May 2025 is allowed as prayed.b.The landlord’s oral notice to terminate tenancy is declared illegal and invalid.c.The Landlord is at liberty to issue a proper statutory notice of termination in the prescribed form if he so wishes, in accordance with the Act.d.The landlord’s reference dated 16th June 2025 is dismissed.e.Costs of KES. 10,000 is awarded to the tenant to be offset against the rent account.f.The main reference dated 12th may 2025 is settled in termsIt is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 26TH DAY of SEPTEMBER 2025.HON. JOYCE AKINYI OSODO - PANEL CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALHON GAKUHI CHEGE - PANEL MEMBERIn the presence of:Landlord Present-in-personTenant Absent