Francis Muthui Makau v David Musyoka Mbiti [2021] KEBPRT 322 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO E186 OF 2021 (NAIROBI)

FRANCIS MUTHUI MAKAU............................................................LANDLORD/APPLICANT

VERSUS

DAVID MUSYOKA MBITI...................................................................TENANT/RESPONDENT

RULING

1. The parties herein appeared virtually before the Tribunal on 14th July 2021 for the hearing of the Landlord’s application dated 8th June 2021.  On that day, the Tenant was granted seven days to file his replying affidavit and the matter was fixed for hearing on 10th August 2021.  The Tenant did not attend court on 10th August 2021.  On the said date, the counsel for the Landlord indicated that the rent outstanding was Kshs 120,000/- the Tenant having paid only Kshs 10,000/-.

2. The Tenant had earlier on14th July 2021 indicated to the court that he was in rent arrears due to the covid 19 pandemic and that he was in the business of supplying schools with goods.

3. I do note that the Tenant/Respondent has not filed any response to the Landlord’s application.  The Landlord has applied that his application be allowed as prayed.

4. Taking the Tenant’s concerns of 14th July 2021 into consideration, I do make the following orders as regards the Landlord’s application dated 8th June 2021.

a. That the Tenant will pay the rent arrears of Kshs 120,000/- within the next thirty (30) days from the date hereof.

b. That the Tenant failing to pay the rent arrears as ordered above, the Landlord be and is at liberty to levy distress for the said rent arrears.

c. That the OCS High Rise Police Station does ensure compliance with these orders and maintain the peace during the execution of these court orders.

d. That the prayer for waiver of the 10% duty filing fees on distress is declined.

e. That the costs of the application be borne by the Tenant.

f. That the Landlord’s reference dated 8th June 2021 is allowed in the terms above.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Ruling dated, signed and delivered virtually by Hon Cyprian Mugambi Nguthari this 9thday of Septemberin the presence of Kamauforthe Applicantand in the absence of the Applicant/Tenant.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL