Kiruki v Makena (Tribunal Case E205 of 2024) [2024] KEBPRT 1638 (KLR) (25 November 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1638
- Citation
- [2024] KEBPRT 1638 (KLR)
- Decided
- 25 November 2024
The landlord's reference and application are partially upheld, with the stock claim dismissed, back and forth on electricity acknowledged, and the tenant ordered to pay rent and commence business.
Facts
The landlord, Humprey Kiruki, moved the tribunal seeking for various orders including payment of outstanding rent, mesne profits, and restoration of electricity supply. The tenant, Josephine Makena, filed a reference and motion application seeking urgent certification and the setting aside of previous orders.
Issues
- Whether the tenant should be compensated for damages incurred
- Whether the tenant is in arrears
Reasoning
The tribunal notes that the tenant's claim for damages due to power disconnection lacks evidence and acknowledges the back and forth on electricity. The landlord is ordered to restore electricity supply and the tenant to pay rent and resume business.
Outcome
Partial upholding of the landlord's reference and application
Orders
- Tenant to pay Kshs.100,000 rent by the next hearing date
- Tenant to pay Kshs.40,000 power bill
- Tenant to commence paying December rent at Kshs.10,000
- Landlord to receive payment and stop harassing tenant
- Landlord to take back vacant possession if rent is not paid by 15th
- Emily's Shop 2 to be handed back immediately
- Arrears and repairs to be catered for by the previous tenant
Remedies
- Restoration of electricity supply
- Payment of rent and commencement of business
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Chapter 301 Laws of Kenya Act
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