KMK – Ukuria Investment v Njai Kamau & John Muema Mutuku [2019] KEBPRT 14 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO. 201, 202 & 218 & 257 OF 2012 (NAIROBI)

KMK – UKURIA INVESTMENT…..………………….……………LANDLORD/APPLICANT

VERSUS

NJAI KAMAU & JOHN MUEMA MUTUKU………………………TENANT/RESPONDENT

RULING

The subject matter of the ruling is the Tenant’s bill of costs dated 6th May 2017.  The Tenant’s bill of costs is in the sum of shs 308,675.  The Tribunal has on record the Landlord’s written submissions filed on 17th January 2019.  The Tribunal has on record the Tenant’s response to the Landlord’s written submissions dated 11th February 2019.

The Tribunal does not have the original file but has perused the record which is available and taken into account schedule 8 of the Advocate’s Remuneration order.  The proceedings before the Tribunal were in respect of termination of tenancy.  The annual rent is agreed at shs 180,000/-.

The advocate’s instructions fees is shs 35,000/-.

Attendance at the Tribunal for any application of shs 2100, attendance at the registry at shs 1400, attendance at the hearing is shs 4,000.  Instructions fee on an application is shs 15,000/-.

The Tribunal has perused the Tenant’s bill of costs item by item and assess the costs payable to the Tenant as per schedule 8 of the Advocate’s costs at shs 158,665/-.  The Tribunal makes the following orders;

1. The Tenant’s bill of costs dated 6th May 2017 is hereby taxed in the sum of Kshs 158,665/-.

2. The costs shall be paid within 6 months from the date hereof in default the Tenant shall execute under section 14(1) of Cap 301.

Ruling delivered this 2nd August 2019 in the presence of Njeru Ithiga holding brief for Macharia for the Landlord.  Advocate for the Tenant absent.

MBICHI MBOROKI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL