Kimorgo t/a Olosho Slaughter House and Butchery v Afrikatu Kenya Ltd [2025] KEBPRT 330 (KLR)

Kimorgo t/a Olosho Slaughter House and Butchery v Afrikatu Kenya Ltd (Tribunal Case E001 of 2021) [2025] KEBPRT 330 (KLR) (27 June 2025) (Ruling)

Neutral citation: [2025] KEBPRT 330 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E001 of 2021

P May, Member

June 27, 2025

Between

Simon Turere Kimorgo T/A Olosho Slaughter House And Butchery

Tenant

and

Afrikatu Kenya Ltd

Landlord

Ruling

1. The tenant approached the Tribunal by filing the complaint against the landlord dated 17th January 2025. The grounds for the complaint were that the landlord had forced their way into the tenant’s premises and attached property thus causing immeasurable damage and disrupting the running of the business. And in fact, entered in and started running that business as hers. Contemporaneous with the complaint, the tenant filed the application on an even date seeking the protection of the Tribunal.

2. The application was placed before the Tribunal whereby interim orders were issued in favour of the tenant pending the inter partes hearing. The said orders were subsequently extended and are subsisting to even the date of delivery of this ruling.

3. The landlord opposed the Application vide a Replying Affidavit dated 12th March 2025 .

4. Directions were taken that parties do file written submissions which was complied with.

5. The tenant sought for leave to file a further affidavit which was granted and the affidavit was filed dated 6th May 2025.

6. The tenant avers in both the application and the further affidavit that no notice was issued to him prior to the actions by the landlord of levying distress.

7. The landlord on the other hand contends that the tenant was in arrears and had been notified. The landlord has attached copies of numerous letters all addressed to the tenant on diverse dates. What I do not see however, is proof that these letters were actually dispatched and received by the tenant.

8. CAP 295 requires that in levying distress the tenant would require notice. I do find that in the absence of such proof as above, none was given and the subsequent happenings by the landlord therefore irregular

9. Having made the above findings, I will make the following orders:a.Application dated 17th January 2025 is allowed in terms of prayers 2,3,4 and 5. b.The landlord shall supply the tenant with an updated statement of rent within 7 days and the tenant shall settle it within 14 days of receipt.c.Tenant awarded costs

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF JUNE, 2025HON. PATRICIA MAY - MEMBER27. 6.2025Delivered in the presence of;Kemunto holding brief for Lanoi for the ApplicantWairimu for the Landlord