Mwaura v Onsinyo & 4 others (Tribunal Case 535 of 2022) [2023] KEBPRT 32 (KLR) (17 January 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 32
- Citation
- [2023] KEBPRT 32 (KLR)
- Decided
- 17 January 2023
The Tribunal grants the Landlord's reference and application, orders the Tenants to pay all arrears, and allows the Landlord to continue with execution proceedings if the Tenants fail to clear rent arrears within 30 days.
Facts
The Landlord, Mwaura, filed a reference to the Tribunal on May 25, 2022, alleging that the Tenants, Onsinyo and four others, had ignored his statutory notices to terminate their tenancies. The Landlord also claimed the Tenants had refused to pay rent for several years and had blocked passages and drainages.
Issues
- Whether the Tribunal has jurisdiction to hear the matter.
- Whether the Notices to terminate the tenancies were valid and whether the Landlord is entitled to the remedies sought.
Reasoning
The Tribunal found that the Landlord's tenancy is a controlled tenancy and that the Landlord has established a landlord-tenant relationship with the Tenants.
Outcome
The Landlord's reference and application are granted.
Orders
- The Landlord's reference dated May 25, 2022 and application dated December 26, 2022 are merited and granted as prayed.
- Tenants to pay all arrears immediately; if they fail to clear rent arrears within 30 days, the Landlord shall be at liberty to continue with execution proceedings and obtain vacant possession of the suit premises.
- The OCS Industrial Area Police Station or the OCS Makongeni Police Station to assist with compliance.
Remedies
- Payment of arrears
- Vacant possession of the suit premises if arrears are not paid within 30 days
Authorities cited
Legislation (1)
- Landlords and Tenants (Shops, Hotels and Catering) Establishments Act, CAP 301
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