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Macharia v Maragara (Tribunal Case E443 of 2023) [2023] KEBPRT 1237 (KLR) (22 June 2023) (Ruling)

[2023] KEBPRT 1237 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
1237
Citation
[2023] KEBPRT 1237 (KLR)
Decided
22 June 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for eviction and disconnection of electricityCoramHON. CYPRIAN MUGAMBI
Holding

The landlord's application is well-founded and the application is allowed in terms of prayers 2, 3, 4, and 5.

Facts

The tenant, Dennis Kinuthia Maragara, has failed to pay rent and electricity bills since leasing the premises on 20.2.2021. The landlord, Joseph Kinuthia Macharia, issued a notice to terminate tenancy on 12.1.2023, citing non-payment of rent and electricity. The tenant was also informed to vacate the premises by 1.4.2023.

Issues

  1. Whether the landlord's application for disconnection of electricity and eviction is well-founded
  2. Whether the landlord's notice to terminate tenancy was valid

Reasoning

The tenant has failed to pay rent and electricity bills, and the landlord has provided evidence of arrears and a notice to terminate tenancy. The tenant was served with the notice and did not oppose it.

Outcome

The landlord's application is allowed.

Orders

  • Disconnection of electricity supply to the suit premises
  • Eviction of the tenant from the suit premises
  • Enforcement of eviction by the OCS Githiga police station

Remedies

  • Costs
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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