Stephen Gitonga Mbaabu t/a S. G Mbaabu & Co v National Fund for Disabled of Kenya (Tribunal Case E1103 of 2023) [2024] KEBPRT 294 (KLR) (22 March 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 294
- Citation
- [2024] KEBPRT 294 (KLR)
- Decided
- 22 March 2024
AI Summary
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TypeTribunal CasePostureAppeal from an original trialCoramHON. GAKUHI CHEGE, HON. JOYCE A. OSODO
Holding
The interim orders are hereby discharged and the respondent’s costs are assessed at KES 30,000/= against the applicant.
Facts
The applicant, Stephen Gitonga Mbaabu, is a tenant of the respondent, National Fund for Disabled of Kenya. The respondent issued a notice to vacate the premises by 10th November 2023, and the applicant sought urgent certification and interim orders.
Issues
- Whether the applicant is a protected tenant under Cap 301 of the Laws of Kenya
- Whether the interim orders should be discharged
Reasoning
The respondent’s letter of offer for six years lapsed on 31st January 2023, but rent was still being paid, making the applicant a monthly tenant.
Outcome
Appeal dismissed
Orders
- Interim orders are hereby discharged
- Respondent’s costs are assessed at KES 30,000/= against the applicant
Authorities cited
Legislation (1)
- Cap 301 of the Laws of Kenya
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