Namu v Kirimu (Tribunal Case E053 of 2023) [2024] KEBPRT 190 (KLR) (12 February 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 190
- Citation
- [2024] KEBPRT 190 (KLR)
- Decided
- 12 February 2024
The tenant is entitled to the orders sought in his application and the landlord is ordered to pay the tenant's rent arrears and the OCS Manyatta police shall assist in the compliance with the order.
Facts
The tenant, Lydia Njoka Namu, applied for orders to re-open the suit premises and compensation for losses, while the landlord, Edwin Mwendu Kirimu, claimed the tenant owed rent and that the tenant's business was a security threat.
Issues
- Whether the tenant is entitled to the orders sought in his application
- What order ought to be made in disposing of the complaint/ reference
Reasoning
The landlord's action of locking up the suit premises was illegal, and the allegations of the tenant's business being a security threat and nuisance were not supported by evidence. The tenant owes rent, and the landlord's prayer for vacant possession cannot be granted.
Outcome
The tenant's application is allowed, and the landlord is ordered to pay the tenant's rent arrears and the OCS Manyatta police shall assist in the compliance with the order.
Orders
- Injuncted from interfering with the tenant’s quiet enjoyment and use of the suit premises
- Tenant pays the landlord the rent arrears of Kshs. 4,000/= and any other outstanding rent
- OCS Manyatta police shall assist in the compliance with order (a) above
- Each party shall bear their own costs
- Tenant’s complaint is allowed in the terms set out above and this matter is marked as closed
Remedies
- Compensation for losses
- Re-opening of the suit premises
- Payment of rent arrears
Authorities cited
Legislation (2)
- Section 4(2) of Cap 301 of the Laws of Kenya
- Section 4 of Cap 301
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