Kiura v Nzango [2025] KEBPRT 323 (KLR)

Kiura v Nzango (Tribunal Case E030 of 2024) [2025] KEBPRT 323 (KLR) (3 July 2025) (Judgment)

Neutral citation: [2025] KEBPRT 323 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E030 of 2024

N Wahome, Chair & Joyce Murigi, Member

July 3, 2025

Between

Nyaga Kiura

Landlord

and

Sylvester Mutwiwa Nzango

Tenant

Judgment

1. This Judgement is on the Landlord’s reference dated the 17th April 2024. The same is anchored on Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap. 301 of the Laws of Kenya which we hereinafter refer to as “the Act.” The grounds on the face of the reference are that:-i.“The Tenant had not filed an objection to the notice I served him dated 29th December 2024. ii.Has accumulated rent arrears of Kshs.450,000/-.iii.I pray for orders as prayed for in the notice of motion”.

2. The notice of motion alluded to hereinabove is the one dated 17th April 2024. The same sought for the following reliefs,a.Spentb.That the Landlord/applicant be granted leave to evict the Tenant/Respondent from the premises he has occupied on plot No. 1112/90 at Embu Town, Embu County”.c.That the OCS Embu Police Station do provide security and ensure peace prevails during the eviction.d.Costs of this Application.

3. It is important to appreciate that this court delivered a Ruling on the notice of motion application dated 17/4/2024 on the 11/10/2025. The Ruling was on the following terms:-i.That the notice of termination of tenancy dated 29/12/2023 is declared illegal and of no consequence.ii.That the Tenant shall settle the undisputed rent arrears for the months of between December, 2023 and October, 2024 both months inclusive at Kshs.330,000/- within 30 days of the date hereof and in default the landlord shall be at liberty to levy distress in recovery thereof at the cost of the Tenant.iii.That the parties shall comply with order 11 of the Civil Procedure Rules and exchange their respective evidence and documents within 30 days of the date hereof.iv.That the costs of the application shall abide the outcome of the reference.

4. When this matter came up in court for compliance on the 14th November 2024, the parties agreed that the rents in arrears as at November, 2024 was Kshs.390,000/- by the 30th November 2024. This court then proceeded to issue an order to the effect that:- “ The Tenant to settle all the rents in arrears at Kshs.390,000/- by the 30th November 2024 and in default the Landlord is at liberty to levy distress at the Tenant’s costs”.

5. This matter was then set down for hearing on the 28/5/2025. On the hearing date the Tenant did not show up and on confirming service the court directed that the matter would proceed to hearing as earlier fixed. The landlord testified and closed his case. The landlord indicated that since the last confirmed rent arrears of Kshs.390,000/- as at November, 2024, the Tenant had not made any payments in defiance of the orders of the court.

6. The rent payable for the premises is Kshs.50,000/- per month. Therefore the rent accrued for the months of December, 2024 to June, 2025 is Kshs.350,000/- . The total rent in arrears at June 2025 is therefore Kshs.740,000/-. This evidence is not controverted at all and in any event, the previous rent arrears of Kshs.390,000/- as at November 2024 had already been admitted by the Tenant.

7. In view of the Ruling delivered on the 11/10/2024, the only issue for determination in this judgement is on the question of how much is owed to the Landlord by the Tenant in rent arrears. In this, we appreciate that this court declared the notice of termination dated 29/12/2023 as unlawful and of no legal effect as the same was not in compliance with the mandatory provisions of the Act and in particular Section 4(2) and Section 7(1) thereof.

8. On the question of rent arrears due to the landlord, we have no difficulty in determining that by the consent of the 14/11/2024 the rent arrears then was at Kshs.390,000/- without any rental payment between December, 2024 and June, 2025, the further accrued rent arrears is at Kshs.330,000/-. The rent arrears therefore sums to Kshs.740,000/- which is due and payable to the Landlord by the Tenant.

9. On costs, we are guided by the conventional wisdom of Section 12(1) k of the Act and award the same to the Landlord and which we assess at Kshs.50,000/-.

10. In the final analysis, the orders that commend to us are the following:-i.That Judgement is entered for the Landlord on rent arrears at Kshs.740,000/- as at 30th June 2025. ii.That the landlord is at liberty to levy distress in recovery of the same at the Tenant’s expense and without requirement on the landlord to pay any further court fees.iii.That the Landlord is awarded costs assessed at Kshs.50,000/-.Those are the orders of the court.

RULING DATED, SINGED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RDDAY OF JULY 2025. HON. NDEGWA WAHOME - PANEL CHAIRPERSON,MBS, HON. JOYCE MURIGI - MEMBERBUSINESS PREMISES RENT TRIBUNAL. BPRT.Judgement delivered in the absence of the parties though aware of the same. Registry to notify the parties.HON. NDEGWA WAHOME - PANEL CHAIRPERSON,MBS, HON. JOYCE MURIGI - MEMBERBUSINESS PREMISES RENT TRIBUNAL. BPRT.2