Gikara v Maina (Tribunal Case E153 of 2023) [2023] KEBPRT 1176 (KLR) (19 December 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1176
- Citation
- [2023] KEBPRT 1176 (KLR)
- Decided
- 19 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's application for restraining order and other relief against landlordCoramMaraga
Holding
The court finds the landlord's notice unlawful and declares it null and void. The tenant is awarded Kshs. 60,000/= monthly rent, payable by the 20th of each month, free of penalties.
Facts
The tenant sought to restrain the landlord from increasing rent and disconnecting power and water, and to be allowed to pay rent by the 20th of each month. The landlord argued that the rent increment was reasonable and that the tenant was a serial rent defaulter.
Issues
- Whether the landlord's notice to increase rent is lawful
- Whether the tenant's application is merited
Reasoning
The court relies on the Shops, Hotels and Catering Establishments Act and Regulations to find the notice unlawful due to lack of proper notice and the mandatory provisions of the law.
Outcome
Tenant's application allowed in part, with the landlord's notice declared null and void.
Orders
- The termination notice dated 1.8.2023 is declared illegal, null and void.
- The tenant shall continue with payment of rent at Kshs. 60,000/= monthly, payable on or before the 20th day of each month and free of penalties.
- The landlord is at liberty to invoke the provisions of the Act and the Regulations thereof to resuscitate his aborted intentions.
- The tenant is awarded costs assessed at Kshs. 20,000/= to be offset against the rent.
Remedies
- Restraining order against landlord
- Payment of rent at Kshs. 60,000/= monthly, free of penalties
Authorities cited
Legislation (3)
- Shops, Hotels and Catering Establishments Act, Cap 301
- Tribunal Case E153 of 2023
- Civil Procedure Act
Cases cited (3)
- Ann Mwaura & 9 Others v David Wagatwa Gitau & 2 Others [2010] eKLR
- Fredrick Mutua Mulinge t/a Kitui Uniform v Kitui Teachers Housing Sacco Ltd ELC Appeal No. 197 of 2015
- Giella v Cassman Brown
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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