Richard Mukula Muthokat/a Nzambani Pharmacy v Rose Kavithe Mutia [2021] KEBPRT 213 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 213
- Citation
- [2021] KEBPRT 213 (KLR)
- Decided
- 1 October 2021
The Tenant's application is dismissed. The Tribunal orders the Landlord to temporarily prohibit and restrain from harassing and unlawfully evicting the Tenant from the premises as well as from unlawfully interfering with the Tenant's use and occupation of the premises.
Facts
The Tenant, Richard Mukula Muthoka, rented space from the Landlord, Rose Kavithe Mutia, under a tenancy agreement that was to commence on 1st February 2012 for a term of five years. The Tenant received a termination notice on 22nd February 2021, demanding they vacate the premises by 22nd May 2021. The Tenant claimed harassment from the Landlord's children and moved the Tribunal for a temporary prohibition against eviction and unlawful interference with the premises.
Issues
- Whether the Tribunal has jurisdiction under section 12 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya to investigate the complaint raised by the Tenant.
- Whether the termination notice dated 23rd February 2021 issued by the Landlord was valid.
Reasoning
The Tribunal found that the Business Premises and Rent Tribunal has jurisdiction to investigate the complaint raised by the Tenant under section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Outcome
The Tenant's application is dismissed.
Orders
- The Tenant's application dated 19th May 2021 is dismissed.
- Tenant to vacate within 60 days subject to payment of rent of Kshs. 52,000/- in the next 7 days failure to which the Landlord can reclaim the suit premises through break in with the assistance of the Officer Commanding Station Kitui.
- Any outstanding arrears to be discussed/agreed upon and settled by the Tenant.
- Each party shall bear their own costs.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya
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