Makatiani v Shitinda (Tribunal Case E058 of 2024) [2024] KEBPRT 680 (KLR) (26 April 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 680
- Citation
- [2024] KEBPRT 680 (KLR)
- Decided
- 26 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureAppeal from a decision to terminate tenancyCoramHON. CYPRIAN MUGAMBI
Holding
The landlord's notice to terminate the tenancy is approved, and the tenant is ordered to pay rent arrears and vacate the premises. The tenancy is declared terminated with effect from April 1, 2023.
Facts
The landlord served a notice to terminate the tenancy on April 13, 2023, due to non-payment of rent and non-issuance of a reference to oppose the notice. The tenant was served on April 15, 2024, but did not respond or file a reference.
Issues
- Whether the landlord's notice to terminate the tenancy was valid due to the tenant's failure to refer the matter to the Rent Tribunal
- Whether the tenant should be ordered to pay rent arrears and vacate the premises
Reasoning
The tenant's failure to refer the matter to the Rent Tribunal made the landlord's notice effective, and the tenant's non-payment of rent and non-compliance with the notice led to the termination.
Outcome
Affirmed
Orders
- Tenant to pay outstanding rent arrears up to the date of the ruling
- Tenant to vacate the premises if not paid
- Tenancy declared terminated with effect from April 1, 2023
- Tenant to bear the costs of the reference
Remedies
- Payment of rent arrears
- Vacant possession of the premises
- Termination of tenancy
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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