Maranga v Maina [2025] KEBPRT 29 (KLR)

Maranga v Maina (Tribunal Case E1185 of 2024) [2025] KEBPRT 29 (KLR) (14 January 2025) (Ruling)

Neutral citation: [2025] KEBPRT 29 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E1185 of 2024

CN Mugambi, Chair

January 14, 2025

Between

James Karuri Maranga

Applicant

and

Sarah Njoki Maina

Respondent

Ruling

1. The Tenant’s Application dated 30. 10. 2024 seeks orders of injunction restraining the Respondent from in any manner interfering with the Applicant’s tenancy at the premises known as LR No Kiambaa/Kihara/4537 pending the hearing and determination of the main suit. The Tenant has also sought a declaration that the notice to vacate issued by the Respondent is illegal, invalid and of no consequence to the Applicant; Police assistance and the costs of the Application have also been sought.

2. The Tenant has deponed in his affidavit sworn on 30. 10. 2024 that he has been a Tenant of the Respondent in the suit premises since August 2011 and he has at all times faithfully paid his rent.

3. The Tenant has deponed that on 26. 9.2024, the Respondent served him with a notice to vacate in the form of a letter requiring him to vacate the suit premises.

4. It is the Tenant’s deposition that the said notice is illegal and does not conform with Section 4 of Cap 301, and further that it was issued to the Tenant notwithstanding that the Tenant does not owe the Respondent any rent arrears and that the grounds set out therein are beyond the scope of the Tribunal

5. The Tenant further depones that the Respondents has started interfering with the Tenant’s peaceful and quiet enjoyment of the suit premises by unlawfully harassing the Tenant.

6. The issues I have to determine in this Application are whether the Landlord’s notice to vacate dated 26. 9.2024 is a valid notice under the relevant provisions of Cap 301 of the Laws of Kenya and whether the Applicant is entitled to the orders sought in his Application.

7. Section 4(2) of Cap 301 provides as follows;-“A Landlord who wishes to terminate a controlled tenancy or to alter to the detriment of the Tenant any term or condition in or service enjoyed by the tenant under such a tenancy shall give notice in that behalf to the tenant in the provided form.”I have seen the Landlord’s notice to vacate dated 26. 9.2024. The said notice is not in the prescribed form and particularly fails to comply with the requirements of Section 4(5) of Cap 301 which is in the following terms;“A tenancy notice shall not be effective for any of the purposes of this Act unless it specifies the grounds upon which the requesting party seeks the termination, alteration or reassessment concerned and requests the receiving party to notify the requesting party in writing within one month after the date of receipt of the notice whether or not he agrees to comply with the notice.”

8. I am therefore in agreement with the Tenant and I do find that the Landlord’s notice to vacate dated 26. 9.2024 is illegal, invalid and of no consequence to the Tenant. Consequently, I allow the Tenant’s Application in terms of prayer (c), (d), (e) and (f) thereof.

9. The Tenant’s Complaint is also allowed in the terms at paragraph 8 above.

10. For clarity purposes, the Landlord will bear the costs of the Application and the Complaint.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14TH DAY OF JANUARY,2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Ms. Njehia holding brief for Mr. Muchai for the Applicant and in the absence of the Landlord and Counsel.