Kimani (Suing as Guardian of Samuel Kimani Karoki) v Oyugi t/a Jopenpha School (Tribunal Case E431 of 2022) [2023] KEBPRT 77 (KLR) (27 February 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 77
- Citation
- [2023] KEBPRT 77 (KLR)
- Decided
- 27 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a previous rulingCoramA. Muma
Holding
The Tribunal has jurisdiction to order for vacant possession and the tenant is required to give it within 60 days.
Facts
The landlord, Kenneth Kaunda Kimani, sought orders for vacant possession of the property LR No Nairobi/Block 113/35 and 36, which he claims was occupied by the tenant, Bernard Oyugi, in violation of the law.
Issues
- Whether the Tribunal has jurisdiction to issue orders for vacant possession
- Whether the tenant should give a vacant possession
Reasoning
The Tribunal found that it has jurisdiction to order for vacant possession and that the tenant should comply, as the tenancy had expired and the landlord is entitled to the property.
Outcome
The tenant was ordered to give vacant possession to the landlord within 60 days, with the landlord to have costs.
Orders
- The Tenant issue Vacant Possession to the Landlord within 60 days from the date hereof failure to which the landlord shall be at liberty to break in and take vacant possession.
- OCS Embakasi Police Station ensure compliance.
- The Landlord shall have costs.
Authorities cited
Legislation (1)
- Cap 301 of the Laws of Kenya
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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