Wairimu v Johari Real Estates Limited & 2 others (Tribunal Case E348 of 2023) [2023] KEBPRT 1318 (KLR) (18 October 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1318
- Citation
- [2023] KEBPRT 1318 (KLR)
- Decided
- 18 October 2023
The Tribunal has jurisdiction to order for the levy of distress against a tenant in rent arrears, but the process of levying distress for controlled tenancies requires the consent of the Tribunal.
Facts
Tenant entered into a tenancy relationship with the landlord in 2021 and paid rent as due. The landlord threatened to evict the tenant and confiscated his motorcycle.
Issues
- Tribunal's jurisdiction to order for the levy of distress against a tenant in rent arrears
- Whether the landlord's right to levy distress had crystallized
Reasoning
The Tribunal considered the Landlord and Tenant (Shops, hotels and catering establishments) Act, Cap. 301 and the Distress for Rent Act to determine the landlord's right to levy distress.
Outcome
The ruling settled the reference and made orders restraining the 3rd respondent from confiscating the tenant's motorcycle registration, requiring the tenant to pay additional rent, and allowing the landlord to levy distress without reference to the Tribunal.
Orders
- Restrain the 3rd respondent from confiscating the tenant's motorcycle registration
- Require the tenant to pay additional rent
- Allow the landlord to levy distress without reference to the Tribunal
Remedies
- Recovery of possession
- Payment of arrears of rent and mesne profits
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, hotels and catering establishments) Act, Cap. 301
- Distress for Rent Act
Cases cited (2)
- Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others [2012] eKLR
- Owayo vs. George Hannington Zephaniah Aduda t/a Aduda Auctioneers and another (2007) 2 KLR 140, (2008) EA 287
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