Elizabeth Nthuku t/a Chicken Kool Fries & Sarah Kool v Rank Global Management Limited & Nextgen Auctioneers [2022] KEBPRT 94 (KLR)

REPUBLIC OF KENYA

IN THE BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO. E507 OF 2020 (NAIROBI)

ELIZABETH NTHUKU T/A

CHICKEN KOOL FRIES...............................................................1ST APPLICANT/TENANT

SARAH KOOL...............................................................................2ND APPLICANT/TENANT

VERSUS

RANK GLOBAL MANAGEMENT LIMITED .............1ST RESPONDENT /LANDLORD

NEXTGEN AUCTIONEERS....................................................................2ND RESPONDENT

RULING

1. The tenant moved this Tribunal on 16th September 2021 by way of reference and a notice of motion application seeking restraining orders against the Landlord which were granted by the Tribunal on 17th September 2021.

2. The Tenant is in arrears of Kshs. 52,000/- which she sought to defray in installments of Kshs. 3,000/- per month until completion.

3. On 10th September 2021, the Landlord proceeded to distress for rent without seeking leave of the Tribunal by sending the 2nd Respondent to proclaim the Tenant’s business equipment contrary to the express provisions of Cap 301.

4. The Tenant through their letters dated 30th April 2021 and 7th March 2021 had requested for a 50% rebate on the monthly rent on the grounds that their business was facing difficulty as a result of the Covid-19 pandemic.

5.  The Tribunal is persuaded that the Tenant was facing difficulties in paying rent and observes that the Landlords had been advised by Government to be lenient and to agree to the rent rebate especially for the businesses that had been closed as a result of the pandemic.

6.  The Tenant does not dispute the fact that they are in arrears of Kshs. 52,000/- having accrued as they paid the rebated rent rates of Kshs. 12,000/-, Kshs. 15,0000, Kshs. 18,0000/-and eventually Kshs. 20,000/-.

7.   Having shown the willingness to clear their arrears, the Tribunal then proceeds to order as follows;

a)   The upshot is that the Tenant’s reference and application dated 16th September 2021 are hereby allowed.

b)  That the proposal by the Tenant to defray their arrears in installments of Kshs. 3,000/- per month until clearance of the Kshs. 52,000/- is hereby allowed.

c)   The tenant shall continue to pay the full rent at the rate of Kshs. 20,000/- per month.

d)  The notice issued by the Landlord is defective and cannot stand.

e)   Each party shall bear their own costs.

f)   for theTenantand in the absence of theInterested Party.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

Ruling dated, signed and delivered virtually by Hon A. Muma this 2ndday ofFebruary, 2022 in the presence of Elizabeth Nthuku (Tenant)in person and in the absence of theLandlord.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL