Chege & Partners v Mugo [2022] KEBPRT 1084 (KLR)

Chege & Partners v Mugo (Tribunal Case E328 of 2021) [2022] KEBPRT 1084 (KLR) (9 November 2022) (Ruling)

Neutral citation: [2022] KEBPRT 1084 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E328 of 2021

CN Mugambi, Chair

November 9, 2022

Between

John Chege & Partners

Landlord

and

Peter Gichuki Mugo

Tenant

Ruling

1. The landlord’s application dated 7. 9.2022 seeks orders that the orders issued by the Tribunal on 22. 6.2022 be varied or discharged and the landlord’s application dated 23. 2.2023 be allowed.

2. The application is based on the grounds that the Tribunal ordered the tenant to regularize the position by paying for the reference and cots of Kshs 15,000/= to the landlord within fourteen (14) days which the tenant failed to do. it is the landlord’s case that failure to comply with the Tribunal’s order amounted to disobeying the Tribunal and contempt of the orders issued.

3. The Respondent/Tenant has explained that the registry staff at the Tribunal requested for rent receipts to enable them assess the fees payable but the tenant did not have any as the landlord did not provide any. The Respondent’s counsel further followed on the issue of receipts vide a letter dated 19. 8.2022 addressed to the Tribunal. The letter did not elicit any response from court.

4. The Respondent/Tenant has also deponed in his affidavit that he filed an amended reference and paid the fees generated by the court’s CTS system.

5. On the issue of the payment of the costs amounting to Kshs 15,000/=, the Tenant has stated that the same was paid to Counsel for the landlord by the tenant’s Advocates, a fact not disputed by Counsel for the landlord.

6. I think the concerns raised by the landlord have been sufficiently answered by the tenant in his affidavit. The issue of costs has been settled by the aforesaid payment.

7. On the issue of regulating the payment of fees for the reference, I think it is a matter where the tenant cannot be blamed. The tenant has paid the amount generated by the court’s CTS system and any shortfalls should be a matter of the Tribunal to follow up and advise the tenant. Thought the patriotic zeal of the landlord is laudable, I do not think this is a proper case to grant the orders sought by the landlord.

8. In a bid to finalise this matter, I will order that the reference proceeds for hearing and both parties to file their valuation reports within the next thirty (30) days. The valuation reports to be filed together with the parties submissions.

9. This matter will be mentioned on 24. 1.2022.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 9TH DAY OF NOVEMBR 2022HON. CYPRIAN MUGAMBICHAIRPERSON9. 11. 2022In the presence of;Mr. Kitanji for the landlordMr. Mugo for the tenant