Esther Wairimu Mbugi t/a Miyako Café v Regent Management Limited [2025] KEBPRT 203 (KLR)

Esther Wairimu Mbugi t/a Miyako Café v Regent Management Limited (Tribunal Case E009 of 2025) [2025] KEBPRT 203 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEBPRT 203 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E009 of 2025

CN Mugambi, Chair

March 26, 2025

Between

Esther Wairimu Mbugi t/a Miyako Café

Tenant

and

Regent Management Limited

Agent

Ruling

1. The Tenant’s Reference to the Tribunal under Section 6 of Cap 301 challenges the notice to terminate tenancy issued to the Tenant by the Respondent, an agent of the Landlord. The Tenant’s Reference is the one dated 21. 1.2025.

2. I have perused the notice issued to the Tenant by the Respondent and dated 16. 1.2025. The same does not comply with the requirements of Section 4 of Cap 301 and does not therefore amount to a valid notice and is therefore null and of no consequence.

3. I have made the conclusion that the relationship between the parties amounts to a controlled tenancy governed by the provisions of Cap 301 of the Laws of Kenya in a view of the fact that no written lease agreement has been presented to the Tribunal.

4. The Landlord did not file any responses in this Reference, consequently, and having found that the notice issued to the Tenant by the Respondent contravenes express provisions of Section 4 of Cap 301, I hereby allow the Reference.

5. The notice dated 16. 1.2025 is hereby declared as null and void and of no legal consequence.

6. The Landlord/Respondent will bear the costs of the Reference.

7. This file is hereby closed.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF MARCH, 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Wambua for the Tenant and in the absence of the Landlord