Muthoni v Jowi (Tribunal Case E103 of 2022) [2022] KEBPRT 883 (KLR) (Civ) (29 December 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 883
- Citation
- [2022] KEBPRT 883 (KLR)
- Decided
- 29 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEviction CasePostureTenant's Motion for Restraining Orders Against LandlordCoramGAKUHI CHEGE, VICE CHAIR
Holding
The landlord's notice to terminate tenancy is void due to failure to comply with section 4 of Cap 301, Laws of Kenya.
Facts
Tenant Emily Muthoni filed a motion for restraining orders against the landlord Isdora Jowi, claiming the landlord was threatening to illegally evict her from the business premises. The landlord issued a defective notice to vacate the premises on July 27, 2022, requiring the tenant to vacate by August 3, 2022, due to a leaking roof.
Issues
- Tenant's claim of illegal eviction
- Validity of landlord's notice
Reasoning
The notice was found to be defective and not in compliance with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, Laws of Kenya.
Outcome
The landlord is restrained from interfering with the tenant's occupation and use of the business premises.
Orders
- The landlord's notice to terminate tenancy is void
- The landlord is restrained from interfering with the tenant's occupation and use of the business premises
- The landlord is granted leave to serve a proper notice under the said Act
- The landlord shall pay costs of Kshs 20,000/- to be deducted from rent if not paid within 14 days to the Tenant
Remedies
- Restraining orders against the landlord
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, Laws of Kenya
- Public Health 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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