Mbiro v King’ori & another [2025] KEBPRT 207 (KLR)

Mbiro v King’ori & another (Tribunal Case E169 of 2024) [2025] KEBPRT 207 (KLR) (21 March 2025) (Ruling)

Neutral citation: [2025] KEBPRT 207 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E169 of 2024

CN Mugambi, Chair

March 21, 2025

Between

Angela Mbiro

Applicant

and

Daniel King’Ori

1st Respondent

Beth King’Ori

2nd Respondent

Ruling

1. The Landlady’s notice of motion dated 7. 11. 2024 seeks orders that the Tenant be ordered to vacate the suit premises at Plot No. 927/AHERO for failure to file a Reference in opposition to a notice to terminate tenancy. The Applicant has also sought orders that the Tenant be ordered to pay rent arrears of Kshs. 120,000/= being the arrears of rent from 2023 up to November 2024 at the rate of Kshs. 3,500/= per month. The Applicant has also sought an order that the Tribunal waives further court fees, costs of the suit and police assistance.

2. The Applicant has deponed in her affidavit in support of the Application that she has served a notice to terminate tenancy upon the Tenant who has failed to pay rent.

3. The Applicant has also deponed that the Tenant owes her rent in the sum of Kshs. 120,000/= and therefore urges the Tribunal to order the Tenant to pay the said rent and vacate the suit premises.

4. I have seen the Applicant’s notice to terminate tenancy dated 29. 8.2024 and effective 1. 11. 2024. The said notice is in the prescribed form and therefore meets the mandatory requirements of Section 4 of Cap 301 of the Laws of Kenya.

5. I also note that the Tenant has not in any way opposed the Application by the Landlord.On 8. 1.2025, the Respondent who was represented by Mr. Gatitu was given seven (7) days to file and serve a response to the Application together with his notice of appointment of Advocates. He failed to do so.Further on 8. 1.2025, the Tenant was again represented by Mr. Gatitu who was granted seven (7) days to file and serve a replying affidavit, the Tenant yet again failed to do so.

6. In the circumstances, I find that the motion by the Landlady dated 7. 11. 2024 is not opposed and I allow the same in the following terms;-a.That the notice to terminate tenancy is approved and the tenancy between the parties is terminated.b.That the Tenant will render vacant possession of the premises within the next thirty (30) days of this ruling.c.That the Tenant will pay to the Landlady the outstanding rent of Kshs. 120,000/= and any other accrued rent up to and including the date that the Tenant vacates the premises as per order (b) above.d.That the Tenant failing to vacate and to pay rent as ordered, the Landlady will be at liberty to evict the Tenant using a licensed auctioneer and will further have leave to levy distress for rent against the Tenant.e.The Tenant will bear the costs of this Application and suit.f.That the Reference by the Landlady is allowed in the above terms and the file is ordered closed.g.The prayer for waiver of further court fees is dismissed for want of evidence of the Landlady’s inability to pay the same.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 21ST DAY OF MARCH, 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Mbiro- the Landlady and in the absence of the Tenant