Mulwa v Kiriko (Tribunal Case E651 of 2021) [2022] KEBPRT 189 (KLR) (Civ) (4 May 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 189
- Citation
- [2022] KEBPRT 189 (KLR)
- Decided
- 4 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureTenant seeks injunction against landlord for interference with quiet possession and illegal termination notice; landlord seeks eviction and payment of arrearsCoramGAKUHI CHEGE, VICE CHAIR
Holding
Tenant's application for injunction is allowed, landlord's application for eviction and payment of arrears is dismissed with costs
Facts
Tenant and landlord entered into a tenancy agreement in 2020. Landlord disconnected electricity to the premises on 27th October 2021, citing the tenant's refusal to pay rent. Tenant moved to a different location and filed a reference, seeking an injunction and refund of rent.
Issues
- Tenant's right to quiet possession and injunction against landlord's interference
- Tenant's claim for refund of rent due to landlord's failure to reconnect electricity
Reasoning
Landlord's failure to reconnect electricity after being ordered to do so by the Tribunal, and the tenant's interference with the landlord's right to quiet possession.
Outcome
Tenant's application for injunction is allowed, landlord's application is dismissed with costs
Orders
- Tenant's application dated 2nd November 2021 is allowed in terms of prayers 2 and 5 thereof
- Landlord's application dated 20th December 2021 is dismissed with costs
- Tenant shall be refunded a sum of Kshs.18000/- in respect of rent for November 2021
- In the event of failure to pay the said amount, the tenant shall be at liberty to offset it against future monthly rent payable to the landlord
- Tenant's reference dated 4th November 2021 is allowed
- Tenant is awarded costs of Kshs.20,000/- against the landlord which shall be paid within Thirty (30) days or offset against future monthly rent payable
Remedies
- Injunction against landlord's interference with tenant's quiet possession
- Refund of Kshs.18,000/- to tenant for rent due to landlord's failure to reconnect electricity
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya (Landlord and Tenant (shops, Hotels and Catering Establishments) Act)
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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