Kiplelei Limited v Manyunyu Company Limited [2025] KEBPRT 204 (KLR)

Kiplelei Limited v Manyunyu Company Limited (Tribunal Case E022 of 2025) [2025] KEBPRT 204 (KLR) (25 March 2025) (Ruling)

Neutral citation: [2025] KEBPRT 204 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E022 of 2025

CN Mugambi, Chair

March 25, 2025

Between

Kiplelei Limited

Landlord

and

Manyunyu Company Limited

Tenant

Ruling

1. The Landlord’s Application dated 15. 2.2023 seeks orders that the Landlord be granted leave to levy distress for rent arrears against the Tenant in regard to the suit premises known as Eldoret Municipality/block 7/199 1st Floor Room 30 (hereinafter the suit premises). The Landlord has also sought police assistance and a breaking in order during the distress.

2. The Applicant’s affidavit in support of the Application has been sworn by Mr. Shivji Naran Virji, the Applicant’s manager wherein it has been deponed that the Tenant was in rent arrears amounting to Kshs. 135,000/= as at 28. 1.2025 at the rate of Kshs. 15,000/= per month.

3. The Tenant was duly served with the Application but has made no response. The Landlord’s Application is therefore unopposed.

4. The Landlord’s right to levy distress for rent is recognized under Section 3(1) of Cap 293, the distress for rent Act which provides that any person having rent in arrears and due upon a lease or contract may levy distress for recovery of the said rent.

5. Consequently, I do allow the Landlord’s Application dated 15. 2.2025.

6. The Reference filed by the Landlord is allowed in the terms of the prayers and orders granted above.

7. The Tenant will bear the costs of the Application and the Reference.

8. This file is ordered closed.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF MARCH, 2025HON. CYPRIAN MUGAMBI - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Wambua for the Landlord and in the absence of the Tenant