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Mwangi v Kuria t/a Waciru Commercial and Property Agencies (Tribunal Case 34 of 2021) [2023] KEBPRT 40 (KLR) (Civ) (11 January 2023) (Ruling)

[2023] KEBPRT 40 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
40
Citation
[2023] KEBPRT 40 (KLR)
Decided
11 January 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for review, stay and setting aside of tribunal ordersCoramGAKUHI CHEGE
Holding

The ruling of May 27, 2022 is reviewed or varied with the amount of rent arrears owing by the tenant to the landlord being reduced to Kshs 70,000/-.

Facts

The tenant, Mwangi, sought review, stay and setting aside of the tribunal orders of May 27, 2022. The landlord, Kuria, had leased the premises to Mwangi for two years, but later took control of the premises and collected rent from Mwangi.

Issues

  1. Review of the tribunal orders
  2. Reduction of rent arrears
  3. Holding costs

Reasoning

The landlord's control of the premises after the lease agreement expired and the tenant's continued payment to the interested party indicate the end of the landlord-tenant relationship.

Outcome

The ruling of May 27, 2022 is reviewed or varied with the amount of rent arrears reduced to Kshs 70,000/-.

Orders

  • Reduction of rent arrears to Kshs 70,000/-
  • Holding costs of Kshs 30,000/- in favor of the landlord
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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