Faith Academy Kamunji Eldoret v Kariuki [2025] KEBPRT 314 (KLR)

Faith Academy Kamunji Eldoret v Kariuki (Tribunal Case E118 of 2024) [2025] KEBPRT 314 (KLR) (13 June 2025) (Ruling)

Neutral citation: [2025] KEBPRT 314 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E118 of 2024

CN Mugambi, Chair

June 13, 2025

Between

Faith Academy Kamunji Eldoret

Tenant

and

Benard Njogu Kariuki

Landlord

Ruling

1. On 6. 02. 2025, Mr. Ayieko Counsel for the Tenant informed the court as follows;-“I have seen the anomaly in the file. We filed a plaint instead of a Reference under Section 6 of the Act. Our client has never been served with the notice to terminate tenancy. we seek leave to file our Reference for a fair hearing of this matter. I pray that the court considers the intention of the Tenant.”

2. The court on the Application of the Counsel for the Tenant made the following orders;-“The Tenant has three days to file its Reference and serve the same. The suit premises to be re-opened as earlier ordered failing which the Tenant will be at liberty to break into the same. Parties to comply with Order 11 of the Civil Procedure Code within the next fourteen (14) days. The Tenant to pay rent. The Reference will be heard on 31. 3.2025. ”

3. On 27. 5.2025, Counsel for the Tenant informed the court that the Tenant was no longer leasing the premises. On his part, Counsel for the Landlord informed the court that he had not been served with the Reference and that the Tenant was still not paying rent. The court fixed the matter for mention on 29. 5.2025 to enable the Counsel for the Tenant to consider the issue of jurisdiction in view of the fact that her client was no longer using the suit premises.

4. On 29. 5.2025, the Counsel for the Tenant informed the court that her client was in the suit premises contrary to her earlier mistaken view that the Tenant was no longer using the premises. Counsel for the Landlord reminded the court that the Reference was filed out of time.

5. Counsel for the Tenant then told the court that she was newly appointed and sought for leave to file the Reference (out of time).

6. The issue I have to determine at this juncture is whether there exists a valid Reference on the record and if not, whether the Tenant is entitled to leave to file the Reference out of time.

7. I have seen a Reference dated 4. 11. 2024 but which from the case tracking system, was filed on 13. 3.2025, it was never paid for. Strictly speaking therefore, there is no Reference either filed within the stipulated time or at all.

8. There is also no Application pending for the extension of time within which to file the Reference and on the basis of which any further extensions would be considered.

9. I also note from the Landlord’s replying affidavit dated/sworn on 4. 02. 2025, that the Landlord issued the Tenant with a notice to terminate tenancy dated 2. 02. 2024 effective 1. 05. 2024. The same was served upon the Tenant on 2. 02. 2024 and an affidavit of service has been filed, the same is sworn by Ms. Caroline Birech on 9. 02. 2024.

10. There being no Reference filed under Section 6(1) of Cap 301 in opposition to the Landlord’s notice, the same therefore took effect on the date shown therein, 1. 05. 2024.

11. I am of the view that the Tenant’s suit as filed is incompetent for the reasons expressed above and the same is hereby struck out with costs to the Landlord.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 13THDAY OF JUNE 2025HON. CYPRIAN MUGAMBICHAIPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Kinyanjui for the Landlord and in the absence of the Tenant