Mid Africa Logistics Limited v Parkway Investments Ltd & Sparrow Managers and Consultancy Ltd [2022] KEBPRT 114 (KLR)

REPUBLIC OF KENYA

IN THE BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO. E366 OF 2021 (NAIROBI)

MID AFRICA LOGISTICS LIMITED...........................................TENANT/APPLICANT

AND

PARKWAY INVESTMENTS LTD.........................................................1ST RESPONDENT

SPARROW MANAGERS AND CONSULTANCY LTD.....................2ND RESPONDENT

RULING

1. This Tenant herein moved the Tribunal on 29th July 2021 seeking for a 50% rebate on rent to be maintained that was given during covid period being from June/July 2020.

2. The Tenant sought protection from proclamation and eviction via a valid notice.  The said orders were granted and parties were to file submissions and statements of account.

3. The main issue is arrears of rent and reconciliation of accounts more particularly the 50% rebate.  How long should it have been given?

4. I have perused the document and find as follows;

a.Rent arrears as at 8th July 2021 was Kshs 304,392/-and the Tenant made proposals to pay the same.

b.The Landlord accepts having given the Tenant a 50% rebate for arrears in his affidavit but the same is not reflected on the Landlord’s statement at all.

c.It is clear that the Tenant requested for waiver of rent on 30th June 2020 from his letter marked “TMO – 3” for the months of June and July, complete waiver.

d.What is not clear is for how long the 50% waiver was given after the request for complete waiver in June 2020.

5. In the absence of such clarity and in the presence of Landlord and Tenants acceptance of a waiver, I therefore find that the most appropriate date I can use is when the government officially lifted the curfew being 30th October 2021 via a gazette notice.

6. The Landlord shall prepare a statement from 30th June 2020 to 30th October 2021 at 50% being Kshs 30,976/- made by the Tenant in 14 days.

7. The Tenant shall pay the said arrears in total within 30 days.

8. The Tenant shall therefore commence to pay rent at Kshs 41,952/- from 1st November 2021as agreed in the lease agreement.

9. The Tenant to continue enjoying quiet possession and the Landlord is at liberty to distress in case of default.

10. Each party to bear costs.  Reference settled on similar terms.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

Ruling dated, signed and delivered virtually by Hon A. Muma this 18thday ofJanuary, 2022 in the absence of the parties.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL