Cytonn Intergrated Project LLP v Mwangi [2025] KEBPRT 229 (KLR) | Commercial Tenancy | Esheria

Cytonn Intergrated Project LLP v Mwangi [2025] KEBPRT 229 (KLR)

Full Case Text

Cytonn Intergrated Project LLP v Mwangi (Tribunal Case E265 of 2025) [2025] KEBPRT 229 (KLR) (11 April 2025) (Ruling)

Neutral citation: [2025] KEBPRT 229 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E265 of 2025

CN Mugambi, Chair

April 11, 2025

Between

Cytonn Intergrated Project LLP

Landlord

and

Antony Ngigge Mwangi

Tenant

Ruling

1. The Landlord’s Application dated 11. 03. 2025 seeks an order that the Landlord be granted leave to levy distress for rent against the Tenant.

2. The Applicant has sworn an affidavit in support of its Application wherein it has been deponed that the parties entered into a tenancy agreement dated 3. 10. 2024 for a period of one year at a monthly rent of Kshs 45,000/= payable in advance.

3. The Landlord has also deponed that the Tenant has failed to pay the rent for the month of February 2025 and a formal demand dated 24. 2.2025 has already been sent to the Tenant who has failed to settle the outstanding rent of Kshs 45,000/=.

4. The Application by the Landlord is not opposed, as the Tenant though served did not file any responses.

5. I do note that the Applicant has indicated that the Tenant has not paid rent for one month, February 2025.

6. I will in the circumstances order that the Tenant clears the rent arrears for February 2025 and any other outstanding rent (if any) within a period of thirty (30) days.

7. The Tenant failing to clear the rent arrears as ordered above, the Landlord will be at liberty to levy distress for the said rent using a licensed auctioneer.

8. The Application and the Complaint filed by the Landlord are determined in the above terms save that the Tenant shall bear the costs of the Application and the Complaint.

9. This file is ordered closed.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI TIS 11THDAY OF APRIL 2025HON. CYPRIAN MUGAMBI - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Kariuki for the Landlord and in the absence of the Tenant