Mathiu v Ng’ang’a [2025] KEBPRT 321 (KLR)

Mathiu v Ng’ang’a (Tribunal Case E1181 of 2024) [2025] KEBPRT 321 (KLR) (At Nairobi) (4 July 2025) (Ruling)

Neutral citation: [2025] KEBPRT 321 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

At Nairobi

Tribunal Case E1181 of 2024

N Wahome, Chair & Joyce Murigi, Member

July 4, 2025

Between

Caroline Mathiu

Applicant

and

James Ng’ang’a

Respondent

Ruling

1. This Ruling is on the Landlord/Applicant’s application dated 19/3/2025. Prayers 1,2 and 3 of the Application are spent and what remains for determination is whether the Landlord should be afforded an opportunity to defend the Tenant’s application dated 30th October 2024.

2. We have perused both the said application and the response thereof by the Tenant. It is not in dispute that on the 23/12/2024, both parties were present in court. Directions were then taken and where the Landlord was granted leave to file a response to the application dated 30/10/2024. The parties were then to appear in court for oral submissions on the 17/2/2025.

3. From the record, the landlord did not comply with the orders aforesaid and did not also appear in court. On the other hand, the Tenant appeared in court and requested for a date for Ruling and the matter was reserved for Ruling on the 25/3/2025.

4. We have perused the Landlord’s application herein and also the response by the Tenant and in our overall view is that the Landlord is not candid in his dispositions in court. Though he claims not have had access to the court through the provided virtual link, he has not made any attempt to explain why he did not comply with the orders of this court made on the 23/12/2024 and file a response to the Tenant’s application dated 30/10/2024.

5. There is also no plausible explanation why it had to take the landlord until 19/3/2025 to file the present application in court. This was merely 6 days to the date of Ruling on the 25/3/2025.

6. The Landlord has not in any way attempted to demonstrate that he ever logged into the court on the 17/2/2025 and that he was kept at the lobby waiting and was never admitted into court. We also highly doubt this assertion as this court itself admits participants into the proceedings.

7. As that may, we are persuaded by the provisions of Article 159 of the constitution which requires of us to administer substantial justice to parties that appear before us. We would therefore invoke our powers under Section 12(1) (1) of the Landlord and Tenant (Shops, Hotel and Catering Establishments) Act (Cap. 301) and allow prayer 5 in the Application dated 19/3/2025. The section provides that among the powers of this court is to:-“Vary or rescind any order made by the Tribunal under the provisions of this Act”.

8. The Landlord shall therefore and in any event within 14 days of the date of this Ruling comply with the directions given on the 23/12/2024. The Tenant shall be at liberty to file a supplementary affidavit within 14 days of service and serve.

9. We reiterate that the landlord has not demonstrated any justification on his failure to comply with the orders of this court issued on the 23/12/2024 and we have also noted the lethargy in filing the present application. We shall therefore award costs of this application to the Tenant.

10. In the final analysis, the orders that commend to us are the following:-i.That the application dated 19/3/2025 is allowed in terms that the landlord is allowed 14 days to file and serve responses to the Tenant’s application dated 30/10/2024. ii.That the Tenant shall have 14 days on service to file a supplementary affidavit if need be and serve.iii.That the Tenant is awarded the costs of this application assessed at Kshs.6,000/- to be offset from the rent payable to the Landlord.

11. Those are the orders of the court.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 4TH DAY OF JULY 2025. HON. NDEGWA WAHOME, MBS, HON. JOYCE MURIGI,PANEL CHAIRPERSON, MEMBER,BUSINESS PREMISES RENT TRIBUNAL.BPRT.Ruling delivered in the presence of Tenant/Respondent and Mr. Karoki for the Landlord.