Odhiambo & another v Kiarie & another (Tribunal Case E744 of 2023) [2023] KEBPRT 1387 (KLR) (Commercial and Tax) (15 November 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1387
- Citation
- [2023] KEBPRT 1387 (KLR)
- Decided
- 15 November 2023
The Tribunal orders the landlord to restore the electricity power supply to the tenant's premises immediately and prohibits the landlord from unlawfully increasing rent, harassing, evicting, or disconnecting electricity. The tenants are ordered to pay rent at the contract amount of Kshs. 7,000/= and the loss of Kshs. 32,800 is proved but offset by Kshs. 20,000 owed to the landlord.
Facts
The tenants, Odhiambo and Okello, sought orders to restore electricity power supply and compensation for lost business due to the landlord's alleged disconnection of electricity. The landlord opposed the application, claiming the disconnection was due to a fault.
Issues
- Whether the tenants' application for restoration of electricity power supply should be granted
- Whether the tenants are entitled to compensation for lost business due to the disconnection
Reasoning
The Tribunal found that the tenants have satisfied the principles for granting an order of injunction and that they have indeed lost business due to the disconnection of electricity. The tenants are ordered to pay rent at the contract amount and the loss is offset by arrears.
Outcome
Partial success for the tenants
Orders
- Prohibition of unlawful harassment, eviction, and disconnection of electricity
- Payment of rent at Kshs. 7,000/=
Remedies
- Restoration of electricity power supply
- Compensation for lost business
Authorities cited
Legislation (1)
- Landlord and Tenant Shops Hotels and Catering Establishments Act Cap 301
Cases cited (1)
- Hydro Water Well (K) Limited v Nelson Mukara Sechere & 2 others [2021] eKLR
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