Fla Fashion Trading Company Limited v Kandie & another [2022] KEBPRT 906 (KLR)

Fla Fashion Trading Company Limited v Kandie & another (Tribunal Case 097 of 2020) [2022] KEBPRT 906 (KLR) (22 December 2022) (Ruling)

Neutral citation: [2022] KEBPRT 906 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case 097 of 2020

Andrew Muma, Vice Chair

December 22, 2022

Between

Fla Fashion Trading Company Limited

Applicant

and

Immaculate Kandie

1st Respondent

Grace Wanjiru

2nd Respondent

Ruling

A. Parties and Their Representative 1. The Tenant/Applicant is a tenant of the 1st Respondent in a premises located in Eldoret (hereinafter referred to as the “Tenant”)

2. The Landlord/1st Respondent, rented the premises to the Tenant through its agent, the 2nd Respondent. (hereinafter referred to as the “Landlord”)

3. Learned Counsel Isaya & Company Advocates represent the Tenant. (sikukujay@gmail.com)

4. Learned Counsel JM Kimani & Company Advocates represent the Landlord and 2nd Respondent.

B. OrderI have perused the reference dated 31st of August 2022 and it states as follows ‘the landlord has illegally terminated our lease and has locked us out of the premises which seems to have been rented out to persons who was in our employment when the lease was made.By the tenants own admission this Tribunal lacks jurisdiction and they can seek damages in another forum as there is no landlord tenant relationship anymore. Both the Reference and application are dismissed with no orders as to costs.

HON A. MUMAVICE CHAIRBUSINESS PREMISES RENT TRIBUNALRuling dated, signed and delivered virtually by Hon A. Muma this 22nd Day of December 2022 in the presence of Isayi for the Tenant and Kinyanjui holding brief for Muhoro for the Landlord.HON A. MUMAVICE CHAIRBUSINESS PREMISES RENT TRIBUNAL