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James Ngugi Kamau v Daniel Kimani Ngururi & another [2021] KEBPRT 386 (KLR)

[2021] KEBPRT 386 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
386
Citation
[2021] KEBPRT 386 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for orders to compel landlord to reconnect electricity and provide water and toilet keysCoramHon. Gakuhi Chege, Miss Oketch for Tenant/Applicant
Holding

The Tenant/Applicant is entitled to the prayers sought in the application

Facts

The Tenant/Applicant sought orders to compel the Landlord to reconnect electricity and provide water and toilet keys, and an injunction against interference with his business premises. The Landlord/Respondent disconnected the electricity and refused to provide water and toilet keys, claiming the Tenant/Applicant had not paid rent and was interfering with electricity connections.

Issues

  1. Whether the Tenant/Applicant is entitled to the prayers sought in the application
  2. Who is liable to pay costs of the application

Reasoning

The Respondents disconnected the Tenant’s electricity supply and refused to provide water and toilet keys, which is against the law. The Tenant/Applicant has not been found to have failed to pay rent or interfere with electricity connections.

Outcome

The application is granted

Orders

  • Electricity supply to be reconnected with immediate effect
  • Tenant authorized to reconnect electricity with assistance of City County Engineer and costs recovered from future rent
  • Unrestricted access to toilet facilities granted
  • Costs of the application to be met by the Respondents

Remedies

  • Reconnection of electricity supply
  • Access to toilet facilities
  • Recovery of costs from future rent

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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