Njeri v Itimu (Tribunal Case E655 of 2025) [2025] KEBPRT 416 (KLR) (26 September 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 416
- Citation
- [2025] KEBPRT 416 (KLR)
- Decided
- 26 September 2025
The tenant's application dated 30th July 2025 is allowed, and the ex parte orders are set aside. The applicant's application is dismissed, and the reference is struck out for lack of a landlord–tenant relationship.
Facts
The applicant, Sarah Njeri, filed a reference under Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, alleging the respondent, Johnson Itimu, had defaulted in rent payment and caused disturbance to other tenants. The respondent filed an application seeking stay of the ex parte orders, and the applicant filed a second application seeking dismissal of the respondent's application and costs.
Issues
- Whether there exists a landlord–tenant relationship between the applicant/landlord and the tenant/respondent
- Whether the respondent's application dated 30th July 2025 is merited
- Whether the applicant's application dated 6th August 2025 is merited
- Whether the reference dated 11th June 2025 is sustainable
Reasoning
The tribunal found no landlord–tenant relationship due to the lack of rent payments from the respondent to the applicant.
Outcome
The tenant's application is allowed, and the ex parte orders are set aside. The applicant's application is dismissed, and the reference is struck out.
Orders
- The tenant's application dated 30th July 2025 is allowed.
- The ex parte orders issued on 30th July 2025 are set aside.
- The applicant's application dated 6th August 2025 is dismissed.
- The reference and application dated 11th June 2025 are struck out for lack of a landlord–tenant relationship.
- The tenant shall continue to pay rent as he has always done previously when the same falls due.
- Costs of KES.10,000 to the tenant/respondent to be paid by the applicant (Sarah Njeri).
Remedies
- The tenant's application is allowed.
- The ex parte orders are set aside.
- The applicant's application is dismissed.
- The reference is struck out for lack of a landlord–tenant relationship.
- The tenant continues to pay rent as usual.
- The tenant is awarded KES.10,000 in costs.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301
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