Memba Travellers Sacco Society v Mwea Rice Millers Limited (Tribunal Case E040 of 2024) [2024] KEBPRT 1876 (KLR) (24 October 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1876
- Citation
- [2024] KEBPRT 1876 (KLR)
- Decided
- 24 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous rulingCoramP. KITUR
Holding
The Tenant is restrained from unlawful eviction and must pay rent arrears and electricity bills.
Facts
The Tenant, Memba Travellers Sacco Society, occupies a three-roomed office space at MRM Retail Outlet. The Landlord, Mwea Rice Millers Limited, threatened to evict the Tenant over unpaid rent. The Tenant filed an application for an injunction and other remedies.
Issues
- Whether the Tenant is entitled to the reliefs sought
- Whether the Landlord is entitled to evict the Tenant
Reasoning
The relationship is a controlled tenancy under the Landlord and Tenants (Hotels, Shops and Catering Establishments) Act, and the Landlord is not a government entity.
Outcome
The Tenant's application is partially successful.
Orders
- Restrain the Landlord from unlawful eviction
- Pay outstanding rent and electricity bills
- Landlord can issue Notice to Terminate or Alter terms after 1st January 2025
Remedies
- Injunction
- Payment of rent and electricity bills
Authorities cited
Legislation (1)
- Landlord and Tenants (Hotels, Shops and Catering Establishments) Act Cap 301
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.
Loading judgment…