James Mwangi Muturi v Joel Momanyi Mogaka [2022] KEBPRT 20 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. E048 OF 2021 (NAKURU)

JAMES MWANGI MUTURI.......................................................LANDLORD/APPLICANT

VERSUS

JOEL MOMANYI MOGAKA......................................................TENANT/RESPONDENT

RULING

1. The Landlord’s application dated 23rd November 2021 seeks that the Tenant be ordered to vacate the premises known as Block 519/129 Njoro Town for failure to file a reference against the notice to terminate  his tenancy dated 31st August 2021.

2.   The Landlord also seeks to be allowed to engage auctioneers to break into the sit premises and levy distress to recover owed rent arrears.

3.   The assistance of the OCS Njoro Police Station has also been sought in the enforcement of the orders herein.

4.   I have perused the said notice of motion, the grounds upon which it is brought and the affidavit in support thereof.  I have also read the affidavit of service filed by one Mr Solomon Wachira Njoroge and I am satisfied that the Respondent herein was properly served.

5.   The notice to terminate tenancy herein is the one dated 31st August 2021.  It expresses itself to take effect from 1st November 2021.  It is a proper notice issued under section 4(2) of Cap 301.  The Respondent/Tenant has not challenged the notice in any way, he has not filed a reference under section 6 of Cap 301 and the notice has therefore become effective from the date specified therein and in accordance with section 10 of Cap 301.

6.   I therefore do find that the tenancy between the parties herein terminated on 1st November 2021.  The Tenant has not denied being in rent arrears as demanded by the Applicant/Landlord.  on the uncontroverted evidence of the Landlord, I will therefore allow the Landlord’s application dated 23rd November 2021 inter terms of prayers 2, 3, 4 and 5 of the said application.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Ruling dated, signed and delivered virtually by Hon P. May (Vice Chair)this7th March 2022in the presence of Mr Muturi (Landlord)and in the absence of theTenant.

HON. P. MAY

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL