Gikuya v Administrators of the Estate of Erastus Njugua Kama (Deceased) & another (Tribunal Case E108 of 2022) [2022] KEBPRT 681 (KLR) (Civ) (7 September 2022) (Ruling)

Facts

The tenant, Gikuya, sought to restrain the landlords from enforcing a rent increment notice issued by Splendor Commercial Agencies, which increased the rent from Kshs.15,000 to Kshs.50,000 per month, effective January 1, 2022. The tenant claimed the increment was arbitrary and threatened eviction if the increased rent was not paid.

Issues

1. Whether the notice to increase rent complies with provisions of Cap. 301, Laws of Kenya
2. Whether the tenant is entitled to the reliefs sought in the reference and application dated January 31, 2021
3. Who is liable to pay costs

Reasoning

The notice was not in the prescribed form and was not compliant with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301, Laws of Kenya. The tenant was exposed to an illegality and was entitled to seek protection from the Tribunal.

Outcome

The tenant's reference and application are allowed, and the landlord is restrained from enforcing the rent increment notice.

Authorities cited