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Ratemo v Kuronoi (Tribunal Case E144 of 2025) [2025] KEBPRT 322 (KLR) (2 July 2025) (Ruling)

[2025] KEBPRT 322 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
322
Citation
[2025] KEBPRT 322 (KLR)
Decided
2 July 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureApplication for quiet possession and rent arrears settlementCoramHON. NDEGWA WAHOME, HON. JOYCE MURIGI
Holding

The application for quiet possession is allowed, and the Tenant is ordered to settle rent arrears of Kshs 30,000 and continue paying rent as and when it accrues.

Facts

The Tenant applied for quiet possession of the premises and rent arrears settlement, claiming the landlord locked the premises and caused rent arrears. The landlord denied locking the premises and claimed the Tenant owed rent and had sublet the premises.

Issues

  1. Whether the application for quiet possession is merited
  2. Who should bear the rent arrears

Reasoning

The court found that the Tenant's claim of rent arrears was not substantiated, and the landlord's claim of subletting was supported by evidence.

Outcome

The application is allowed, and the Tenant is ordered to pay rent and settle arrears.

Orders

  • Tenant to be allowed quiet possession of the premises pending the hearing of the reference
  • Tenant to settle Kshs 30,000 in rent arrears within 30 days
  • Tenant to continue paying rent as it accrues

Remedies

  • Compensation for rent arrears
  • Eviction of the Tenant

Authorities cited

Legislation (1)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act 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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