Kiringa v Muli & another (Tribunal Case E534 of 2022) [2022] KEBPRT 813 (KLR) (Civ) (31 October 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 813
- Citation
- [2022] KEBPRT 813 (KLR)
- Decided
- 31 October 2022
The landlord is prohibited from evicting or interfering with the tenant's occupation and use of the business premises without adhering to the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Facts
The tenant, Faith Igoki Kiringa, is a controlled tenant who pays Kshs 7500 monthly rent for the 'Wafrida shop' on Ruiru, Hilton, Gitambaya estate plot no 1390. The landlord, Joseph Muli, issued an eviction notice due to the tenant being a nuisance and infringing on other tenants' peace. The landlord claims the building is dilapidated and needs repair, and the tenant is accused of becoming abusive and a nuisance.
Issues
- Whether the landlord can evict the tenant without adhering to the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- Whether the tenant's eviction would cause irreparable damage
Reasoning
The court found that the landlord's eviction notice was issued in violation of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, and the tenant's eviction would cause irreparable damage.
Outcome
The landlord is prohibited from evicting the tenant and must adhere to the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Orders
- Prohibiting the landlord from evicting the tenant without adhering to the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- Allowing the landlord to issue a proper notice under the said act upon the tenant
- Awarding Kshs 15,000 in costs to the tenant to be offset against rent if not paid within 30 days
Remedies
- Prohibition of eviction
- Costs awarded to the tenant
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, cap 301 Laws of Kenya
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