Kiandas Limited v Charles Muriungi & 16 Others [2022] KEBPRT 203 (KLR)

Kiandas Limited v Charles Muriungi & 16 Others (Tribunal Case E074 of 2022) [2022] KEBPRT 203 (KLR) (6 May 2022) (Ruling)

Neutral citation: [2022] KEBPRT 203 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E074 of 2022

Gakuhi Chege, Vice Chair

May 6, 2022

Between

Kiandas Limited

Applicant

and

Charles Muriungi & 16 Others

Respondent

Ruling

1. The landlord moved this Tribunal vide a motion dated January 20, 2022 seeking that the tenants be ordered to forthwith remit to it their accruing monthly rent in respect of plot no. A21 NoonKopir Trading Centre, Kitengela Township Kajiado to bank account whose details will be furnished by the applicant with effect from January 1, 2022.

2. The application is supported by the affidavit of Francis Ndungu Wangombe a director of the Landlord Company and the grounds on the face thereof. It is deposed that the Respondents who are the Landlord’s tenants have been taking advantage of internal management problems of the landlord company which have since been resolved.

3. The Respondents are accused of failure to remit rent to the landlord company or to its duly appointed and/or authorized agents.

4. The company has appointed directors as per annexure ‘FNW3’ who are duly authorized to collect rent from the business premises occupied by the Respondents.

5. The respondents did not file any response to the application despite having been represented by counsel on February 17, 2022 and March 15, 2022.

6. As such the application being unopposed is for allowing and I proceed to make the following final orders:-(i) The application dated January 20, 2022 is allowed in terms of prayer (b) thereof.(ii) The applicant/landlord is awarded costs assessed at Kshs.17000/- with each tenant paying Kshs.1000/- to be paid together with outstanding rent.(iii) The landlord is authorized to use lawful means to recover all outstanding rent if not paid by the tenants within the next fourteen (14) days hereof.

RULING DATED, SIGNED AND DELIVERED THIS 6TH DAY OF MAY 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALRuling delivered in the absence of parties.