Joseph Wafula Wanyonyi v Gladys Njeri Maina & another [2021] KEBPRT 433 (KLR)

Facts

The Tenant, Joseph Wafula Wanyonyi, was the Respondent's tenant in the demised premises, paying a monthly rent of Kshs.50,000 until the onset of the COVID-19 pandemic. The Tenant claims the initial rent was Kshs.25,000 but was coerced into a contract requiring Kshs.50,000 per month. The Tenant alleges the Landlord intended to evict him and has been distressed for rent arrears.

Issues

1. Whether the Tenant is entitled to the reliefs sought in the Reference and the application
2. Whether the Landlord coerced the Tenant into entering into a tenancy agreement

Reasoning

The court found the relationship between the parties was reduced in writing through a lease agreement dated 3rd February 2020, which was binding. The court held that the court cannot rewrite the contract and that the Tenant has failed to prove the rent was Kshs.25,000.

Outcome

The Tenant is ordered to pay the outstanding rent and agreed enhanced deposit totaling to Kshs.770,000 within 30 days. If not, the Landlords/Respondent shall be at liberty to levy distress and/or use other recovery measures against the Tenant.

Authorities cited