Alex Njuguna Gitau v Benter Atieno Mwalo [2021] KEBPRT 220 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 220
- Citation
- [2021] KEBPRT 220 (KLR)
- Decided
- 30 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureTenant's ReferenceCoramHON. GAKUHI CHEGE, Kokebe for the Landlady/Respondent, Mwisigua holding brief for Tenant
Holding
The reference is dismissed, and the Tenant is ordered to vacate the premises within 14 days.
Facts
The Tenant, Alex Njuguna Gitau, operated a pharmacy at shop G.3 in Mwabe apartments since 2014. He paid rent until July 2021, despite the Landlady, Benter Atieno Mwalo, issuing a notice to vacate due to non-payment and renovation plans.
Issues
- Tenant's non-payment of rent
- Landlady's intention to renovate the premises
Reasoning
The court found the Landlady's intention to renovate genuine and dismissed the Tenant's safety concerns, as the work had already begun.
Outcome
Dismissed
Orders
- Tenant to vacate premises within 14 days
- Tenant to pay costs of Kshs.60,000
- Tenant to vacate in default by auctioneer
Remedies
- Tenant to vacate premises
Authorities cited
Legislation (1)
- Cap. 301 Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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