Mbugua v Kangari t/a Muhu Holdings & 2 others [2024] KEBPRT 185 (KLR)

Mbugua v Kangari t/a Muhu Holdings & 2 others (Tribunal Case E869 of 2023) [2024] KEBPRT 185 (KLR) (Commercial & Admiralty) (28 February 2024) (Ruling)

Neutral citation: [2024] KEBPRT 185 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Commercial and Admiralty

Tribunal Case E869 of 2023

CN Mugambi, Chair

February 28, 2024

Between

Olivia Njeri Mbugua

Tenant

and

Joseph Kangari T/A Muhu Holdings

Landlord

and

Variant Realtors Limited

1st Defendant

Fredrick Sabatia

2nd Defendant

Ruling

1. On 11. 09. 2023, the tenant’s application dated 7. 9.2023 was allowed in terms of prayers 1, 2, 3 and 6 thereof. What therefore remains for determination is prayers 4, 5 and 7 of the application.

2. Prayer 4 of the application seeks an order that the tenant be allowed to pay the outstanding rent of Kshs. 4,200/= in installments so as to clear the same in the shortest time possible. At prayer 5, the tenant seeks an order for the waiver of the arrears for the period the premises remained locked by the landlord. Prayer 7 is the usual prayer for costs.

3. The tenant has deponed in her affidavit that she pays to the landlord a monthly rent of Kshs. 17,400/= and that she has paid a deposit of Kshs. 34,800/= which is still held by the landlord.

4. The tenant further depones that on 18. 8.2023, the landlord locked the suit premises as a consequence of which the tenant lost perishable goods in the premises valued at Kshs. 6,000/=.

5. The tenant further depones that the premises were locked as she prepared to pay the rent arrears amounting to Kshs. 4,200/=.

6. The tenant filed her case on 7. 9.2023 and from her affidavit and to which there has been no response, the premises was locked on 18. 8.2023. what was the tenant doing for the period of twenty days before she came to court? I have not found any explanation for the delay in approaching the Tribunal by the tenant for the grant of any necessary orders and although the closure of the premises was patently illegal, I cannot blame the landlord for the failure by the tenant to approach the Tribunal in time. I decline to grant the waiver for the duration of the closure of the premises, equity aids the vigilant.

7. The tenant/Applicant has also prayed for an order that the Tribunal allows her to pay the rent arrears of Kshs. 4,200/= in installments. I have not found any reason in support of this prayer from the tenant’s affidavits. The tenant has not expressed any particular difficulty in the payment of the rent arrears of Kshs. 4,200/= considering she pays a monthly rent of Kshs. 17,000/= and she is not complaining. I also decline this prayer.

8. The tenant’s complaint is that the landlord has locked the suit premises without a court order and threatened to evict the tenant. No response has been filed by the landlord though served. In the circumstances, the complaint and the application are allowed and the following orders are hereby issued;a.That the landlord is ordered to re-open the suit premises if they have not already done so.b.That the landlords/Respondents are hereby injuncted and prohibited from illegally evicting the tenant from the suit premises or in any other manner interfering with the tenant’s quiet possession, use and occupation of the suit premises.c.That the tenant shall have the costs of the Application and the Complaint.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 28TH DAY OF NOVEMBER 2023. HON. CYPRIAN MUGAMBI -CHAIRPERSON11. 2023Delivered in the absence of the parties