Kenneth Sammy Karisa v Shadrack Kyalo, Charles Kyalo, Beatrice Kioko, Mutuku Mathi & Ali Bushra [2021] KEBPRT 124 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. 83 OF 2020 (MOMBASA)

KENNETH SAMMY KARISA..................................................LANDLORD/APPLICANT

VERSUS

SHADRACK KYALO

CHARLES KYALO

BEATRICE KIOKO

MUTUKU MATHI

ALI BUSHRA..............................................................................TENANTS/RESPONDENTS

RULING

1. The Landlord’s/Applicant’s application dated 12th March 2020 is not clear on the orders it is seeking.  The main prayer of the application is drafted as ground No 3 and the main ground for the prayer is drafted as prayer No 2.  I will nonetheless proceed to consider the application for the reasons that the only Respondent who has filed an affidavit in reply understands that the Applicant/Landlord is seeking to have the Respondents evicted on account of no response to the notice to terminate the tenancy.

2. The Landlord’s notices to terminate tenancy against the Respondents are the ones dated 27th August 2019.  The effective date for the notices was 1st November 2019.  The notices were served upon the Respondents on 14th September 2019.  The effective date ought to be calculated from the date of the receipt of the notice by the receiving party.

3. Section 4(4) Cap 301 provides as follows;

“No tenancy notice shall take effect until such date not being less than two months after the receipt thereof by the receiving party as shall be specified therein…”

4. The tenancy notice in this matter was served upon the Respondents on 14th September 2019, its effective date could therefore have been 1st December 2019 and not 1st November 2019.

5. To the extent that the notice purports to have an effective date of 1st November 2019, the said notice is defective.

6. Consequently, the application dated 12th March 2020 which is premised on the tenancy notices dated 27th August 2019 is dismissed.

CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON CYPRIAN MUGAMBI NGUTHARI THIS 5TH DAY OF NOVEMBER 2021 in the absence of the parties.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL