Cheruiyot (Secretary on Behalf of Litein Kipagenge Farmers Co-operative Society Ltd) v Kosgei & 5 others [2023] KEBPRT 1139 (KLR)

Cheruiyot (Secretary on Behalf of Litein Kipagenge Farmers Co-operative Society Ltd) v Kosgei & 5 others (Tribunal Case E004 of 2023) [2023] KEBPRT 1139 (KLR) (4 December 2023) (Ruling)

Neutral citation: [2023] KEBPRT 1139 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E004 of 2023

Cyprian Mugambi Nguthari, Chair

December 4, 2023

Between

Joseph Cheruiyot (Secretary on Behalf of Litein Kipagenge Farmers Co-operative Society Ltd)

Landlord

and

Aron Kosgei

1st Tenant

Dickson Langat

2nd Tenant

Nelson Mitei Chirchir

3rd Tenant

Joseph Korir

4th Tenant

Ms. Janet Mutai

5th Tenant

Ms. Lilian Cheruiyot

6th Tenant

Ruling

1. The Landlord’s application dated 10. 1.2023 seeks orders that the tenants/respondents be ordered to vacate the suit premises at plot No. 045 Litein Kericho for failure to file references to oppose the Landlord’s notice dated 22. 9.2022. The Applicant has also sought for orders to break into the tenant’s premises with a view to removing the properties therein and levying distress for rent.

2. The landlord’s case against the 6th tenant/respondent was withdrawn on 5. 10. 2023 and this ruling is therefore in respect to the 1st, 2nd, 3rd, 4th and 5th respondents.

3. On 17. 3.2023, all the Tenants were present in court. The court ordered the tenants to be served with the application and to respond to the same within fourteen (14) days of service.

4. None of the parties have filed any responses to the application by the Landlord and it therefore remains unopposed.

5. Consequently, the application by the landlord dated 10. 1.2023 is allowed as prayed save that there shall be no orders against the 6th tenant/respondent.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 4TH DAY OF DECEMBER 2023HON. CYPRIAN N. MUGAMBICHAIRPERSON12. 2023DELIVERED IN THE ABSENCE OF THE PARTIES