Joseph Kibor Lelei v Joseph Kinikina; Abraham Kunikina (Interested Party) [2022] KEBPRT 54 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL AT NAIROBI

TRIBUNAL CASE NO. E072 OF 2021 (KAKAMEGA)

JOSEPH KIBOR LELEI................................................TENANT/APPLICANT

VERSUS

JOSEPH KINIKINA.............................................LANDLORD/RESPONDENT

ABRAHAM KUNIKINA..................................................INTERESTED PARTY

RULING

1. The Tenant and Landlord entered into a lease dated 16th January 2016 which was to run for a 5-year period ending 31st December 2021 having previously been on a lease from 21st July 2011.

2. Rent was payable @Kshs 25,000 on or before the 15th of each month.

3. The Tenant claims that the Landlord served him with a notice on 7th September 2021 which was illegal giving him 3 months to vacate.

4. The agreement states that upon termination, new terms can be discussed and/or premises handed over.

5. The Landlord claims rent owing is Kshs 185,000/-  and that the Tenant has sublet the premises which is illegal.

6. In addition, the Landlord has filed an application dated 22nd November 2021 to add the interested party, Abraham (his son) and increase rent from 1st January 2022 to Kshs 40,000/- and also to be paid arrears of Kshs 185,000/-.

7. The court ordered rent arrears of 3 months to be paid.  The same was not paid as at the time the Tribunal was retreating to write this ruling.

8. The Tenant has explained a detailed chronology of events between him and the Landlord on rent, reduced space, etc.  Some of the incidents were reported to the police and OB numbers produced.

9. Having considered the above and in the interest of justice, I find the information I have not sufficient enough to make a complete determination.  I will therefore order as follows on the 2 applications before me.

a. A rent inspector to visit the premises in 30 days in the presence of all parties to make a report on the space lettable by the Tenant whether reduced or not general business in the area and state of repair of the premises.

b. Valuation for rent to be done by each party and filed in the next 30 days.

c. In the interim, the Tenant to pay Kshs 20,000/- as rent from 1st January 2022 to date.

d. The Landlord is at liberty to distress for rent by 30th March 2022 if not paid by then.

e. Mention on 3rd May 2022 to confirm compliance and take a date for the reference hearing.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

Ruling dated, signed and delivered virtually by Hon A. Muma this 4thday ofMarch, 2022 in the presence of Abraham Kunikina (in person).

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL