Samuel Wanjohi Waihenya v Alice Njoki Gakwa & another [2021] KEBPRT 412 (KLR)

Facts

The Tenant, Samuel Wanjohi Waihenya, claimed that the Landlord, Alice Njoki Gakwa and Edwin Humphrey Kirori, intended to evict him from the demised premises by giving verbal threats and harassing him. The Tenant had been paying rent for 9 years and had made improvements to the premises. The Landlord, Alice, claimed to be collecting rent on behalf of her sister, Margaret Wambui Kirori, who was out of the country.

Issues

1. Whether the Tenant's claim in NYERI BPRT NO. 50 of 2020 should be allowed
2. Who is liable to pay costs

Reasoning

The Tribunal found that the Tenant is a month-to-month tenant who had held over after the 2-year lease expired. The notice of termination of tenancy issued by Edwin was defective as he had no capacity to issue it. There was no evidence to prove the purported proposal to develop the property, and the visits to the demised premises by Alice were routine.

Outcome

The Tenant's claim in NYERI BPRT NO. 50 of 2020 is dismissed with no orders as to costs. The claim in NYERI BPRT NO. 58 OF 2020 succeeds and the notice of termination of tenancy dated 20 th August 2020 is struck out for being invalid, null and void.

Authorities cited