Martha Wairimu Ng’ethe v Geoffrey Kimani Njenga [2020] KEBPRT 61 (KLR) | Controlled Tenancy | Esheria

Martha Wairimu Ng’ethe v Geoffrey Kimani Njenga [2020] KEBPRT 61 (KLR)

Full Case Text

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 242 OF 2019 (NAIROBI)

MARTHA WAIRIMU NG’ETHE…………………………………...........TENANT

VERSUS

GEOFFREY KIMANI NJENGA…..………………………………….LANDLORD

RULING

The Tenant/Applicant on 12th March 2019 filed a reference under section 12(4) of Cap 301and also an originating summons seeking to restrain the Landlord from evicting the Applicant/Tenant from the suit premises.

The Tribunal has perused all the pleadings in the matter and the written submissions of the advocates of the parties and the written authorities relied on by both advocates of the parties.

The Tribunal does not find it difficult to resolve the issues raised by the Tenant for the following reasons;

1. It is admitted that the Landlord and the Tenant in this reference entered into a lease agreement dated 3rd January 2014 for a period of 5 years.

2. The Landlord’s notice dated 10th December 2018 does not comply with section 4(2) of Cap 301.

It is clear from the tenancy agreement that the tenancy between the parties is a controlled tenancy within the meaning of section 2 of Cap 301 and the tenancy can only be terminated in accordance with the provisions of section 4(2) of Cap 301.

The Tribunal is in total agreement with the Tenant’s advocate’s submissions and the authorities which he has cited that the Landlord has no option but to comply with the provisions of section 4(2) of Cap 301 if he wishes to terminate the Applicant’s/Tenant’s tenancy.  The Tribunal has no doubt in its mind that the Landlord’s notice dated 10th December 2018 is incurably defective, null and void and is incapable of being enforced.

The Tenant/Applicant’s application dated 14th March 2019 has merits and the same is hereby allowed and the Tribunal makes the following orders;

1. The application dated 14th March 2019 is allowed in terms of prayers 3 of the notice of motion, that is to say;

a. The Landlord/Respondent is prohibited and restrained from effecting termination notice and unlawfully evicting the Tenant from shop A on plot Number LR 209/12953 or otherwise interfering with the Tenant’s use and occupation of the said premises.

2. The Landlord/Respondent shall pay the Tenant/Applicant costs of the reference and the application dated 14th March 2019 assessed at shs 50,000/- all inclusive.

3. The Tenant shall deduct the costs from the rent due to the Landlord/Respondent.

4. The Landlord is at liberty to serve the Tenant with a notice which complies with section 4(2) of Cap 301.

Rulingdated and delivered this 27th day of May 2020 in the presence of Miss Njeruholding brief forMrs Charagofor theLandlord’s advocatefor theTenantabsent.

MBICHI MBOROKI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL