Madressa-El-Mohammedia Education Society v Mulama t/a Kadima & Company Advocates [2025] KEBPRT 160 (KLR)

Madressa-El-Mohammedia Education Society v Mulama t/a Kadima & Company Advocates (Tribunal Case E106 of 2024) [2025] KEBPRT 160 (KLR) (12 March 2025) (Ruling)

Neutral citation: [2025] KEBPRT 160 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E106 of 2024

N Wahome, Chair & Joyce Murigi, Member

March 12, 2025

Between

The Madressa-El-Mohammedia Education Society

Applicant

and

Francis Kadima Mulama T/A Kadima & Company Advocates

Tenant

Ruling

1. This Judgement is on the twin issues of the amount owed by the Tenant in rent arrears and on the mode of liquidation of the same. We appreciate that the landlord testified on the 13/6/2024 through its agent Abdul Hussein Kayamali and that his evidence was never contested. Indeed, the Tenant did not take up the opportunity afforded to him to cross-examine the witness pursuant to the consent order dated 8/8/2024

2. The Landlord was at the time of his testimony of 13/06/2024 owed Kshs. 2,900,000/= in rent arrears. The same had escalated to Kshs. 3,474,429. 80 at the termination of the tenancy which was by the consent of the parties on the 31/10/2024.

3. Despite the Tenant being afforded several opportunities to either contest the amount claimed in rent arrears and to make a proposal for liquidation of the same, he never challenged the said rent arrears which were at Kshs. 2,900,000/= by the 13/6/2024 and Kshs 3,474,429. 80 at the Termination of the parties’ Landlord and Tenant relationship effective the 31/10/2024.

4. Indeed, the Tenant has never challenged the rents claimed in arrears either in court or by his many correspondences which are annexed as Exhibit No. AK2 in the landlord’s Affidavit sworn by Abdul Hussein Kayamali on the 9/12/2024. By the letter dated 4/2/2025, the Tenant has not contested his indebtedness in rent arrears at Kshs. 3,474,429. 80 but only sought for time to liquidate the same.

5. We would therefore from the evidence of the Landlord which is not contested and further from the own admissions by the Tenant do enter Judgement for the landlord and against the Tenant for Kshs 3,474,429. 80 owed to the landlord in rent arrears.

6. The Tenant has by its letter proposed to settle the said rent arrears in two (2) equal instalments of Kshs. 1,737,214. 90. That is when the total rent arrears of Kshs. 3,474,429. 80 are divided into two. The Tenant proposes to settle the 1st instalment by the 30/3/2025 and to settle the 2nd and final instalment by the 30/9/2025.

7. On its part, the landlord has proposed that the said rent arrears are settled in two (2) equal instalments where the 1st instalment is settled immediately and the 2nd instalment not later than 30/6/2025.

8. We do appreciate that these arrears run from as far back as the year 2021. This matter was filed in court back in April, 2024 and the Tenant has not demonstrated any effort towards settlement of the huge rents in arrears. Rent is payable in advance and no justification has been shown by the Tenant for having run such huge arrears in rent

9. From the Tenant’s Exhibit “AK2”, the Tenant made commitments to settle the arrears in rent all the way from 22/6/2023 culminating into the last offer made on the 4/2/2025 but those commitments have not materialised into anything tangible. The justice of this case dictates that the rent in arrears be settled forthwith and unconditionally.

10. However, in view of the landlord’s proposal in its Affidavit dated 9/12/2024, we would order that the rent in arrears at Kshs. 3. 474. 429. 80 be settled in two (2) equal monthly instalments of Kshs. 1,737,214. 90, the first such instalment being paid on or before 30/3/2025 and the 2nd instalment being payable on or before 30/6/2025.

11. In view of the provisions of section 27 of the Civil Procedure Act and the proviso thereof, we would also award costs to the landlord.

12. In the final analysis, the orders that commend to us are the following;-a.That the Judgement is entered for the Landlord and against the Tenant for Kshs 3,474,429. 80. b.That the said Judgement shall be liquidated in two equal instalments of Kshs. 1,737,214. 90, the first (1st) instalment being payable on or before the 30/3/2025 and the final instalment being payable on or before 30/6/2025. c.That in default of either order No.1 or 2 or both, execution proceedings to issue at the expense of the Tenant.d.The Landlord is awarded costs assessed at Kshs. 100,000/=.Those are the orders of the court.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 12THDAY OF MARCH 2025HON. NDEGWA WAHOME, MBS(PANEL CHAIRPERSON)BUSINESS PREMISES RENT TRIBUNALANDHON. JOYCE MURIGI(MEMBER)BUSINESS PREMISES RENT TRIBUNALIn the presence of:Mr. Gitau holding brief for Mr. Dennis Muriithi for the Landlord/ApplicantMr. Amadi for the Tenant/RespondentBPRT CASE NO. E106/2024, MOMBASA 2