Golden Cara Investment Limited v Bell Estate Agency Limited [2021] KEBPRT 342 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. 327  OF 2020  (NAIROBI)

GOLDEN CARA INVESTMENT LIMITED........................TENANT

VERSUS

BELL ESTATE AGENCY LIMITED................................LANDLORD

RULING

1.  Before me is an application dated 18th March 2020 by the Tenant seeking for restraining orders against the Landlord from entering, repossessing, leasing to third parties or dealing  with the premises known as office1B, Sifa Towers erected on L.R. No. 1/668 Kilimani, Nairobi.

2.  The application is supported by the Tenant’s affidavit of even date.

3.  Among the documents attached to the affidavit is a letter of offer dated 4th November 2019 which expresses the term of tenancy to be 5 years 3 months.

4.  On being served with the application, the Landlord filed a notice of preliminary objection to the effect that this Tribunal does not have jurisdiction since the tenancy is not controlled in terms of section 2(1) of Cap. 301, Laws of Kenya.

5.  The Landlord has also annexed a copy of the letter of offer dated 4th November 2019 to the notice of preliminary objection.

6.  It is not in dispute that the term of tenancy entered between the two parties is for 5 years 3 months.

7.  Section 2(1) of Cap. 301, Laws of Kenya clearly exempts tenancies whose period exceeds 5 years from the definition of controlled tenancies.

8.  In the premises, the net effect of the said provision is to remove any tenancy above 5 years from the jurisdiction of the Tribunal.

9.  In the premises, the preliminary objection dated 8th June 2020 is upheld.

10.  I have seen the Landlord’s application dated 8th December 2020  which is equally struck out for want of jurisdiction.

11. The Landlord is awarded costs of Kshs.20,000/- to be paid by the Tenant.

DATED, SIGNED AND DELIVERED THIS 16TH DAY OF APRIL 2021.

HON. GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

In the presence of:

Mr. Kojo for the Landlord/Applicant

Mr. Ochola for Abdulahi for the Tenant/Respondent