Momanyi v Mochama [2025] KEBPRT 325 (KLR)

Momanyi v Mochama (Tribunal Case E023 of 2025) [2025] KEBPRT 325 (KLR) (19 June 2025) (Ruling)

Neutral citation: [2025] KEBPRT 325 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E023 of 2025

CN Mugambi, Chair

June 19, 2025

Between

Jared Ongera Momanyi

Applicant

and

Christopher Omariba Mochama

Respondent

Ruling

1. The Landlord’s notice of motion dated 24. 5.2025 seeks orders that the Landlord be allowed to levy distress for rent and subsequently evict the Tenant from the suit premises. The Applicant has also sought the assistance of the OCS, Kondele Police station in the supervision of the enforcement of the orders sought.

2. The Applicant/Landlord has filed an affidavit in support of his Application wherein he has deponed that he is the registered proprietor of the suit premises known as Kisumu/Kasule/10583.

3. The Applicant has in his affidavit explained the circumstances under which he became the registered owner of the suit premises and how the Respondent herein ended up becoming his Tenant.

4. The Applicant has further deponed in his affidavit that the rent outstanding from October 2024 to the date of swearing the affidavit is Kshs. 210,000/= and the Tenant instead of paying the outstanding rent, has become violent to the Applicant.

5. The Applicant further depones in his affidavit that he filed a notice to terminate tenancy at the Tribunal on 21. 1.2025 and served the same upon the Respondent, the said notice matured on 20. 4.2025. The Tenant has despite the notice aforesaid, failed to pay rent and vacate the premises.

6. The notice to terminate tenancy in this matter is the one dated 21. 1.2025. it expresses itself to be effective 20. 4.2025. On its face, the notice indicates that it was received by Everlyne Atieno Ochieng, spouse to Christopher Omariba. The affidavit of service sworn by Mr. Meshack Barasa confirms the service of the notice of termination although it depones that he served a demand notice on 21. 1.2025. I am persuaded that it is the notice to terminate tenancy dated 21. 1.2025 that the process server was referring to for the reasons that it is dated 21. 1.2025 and it has been signed by Ms. Everlyne Atineo Ocheing. Further, that is the notice attached to the affidavit of service.

7. The notice of motion dated 24. 4.2025 was also served upon the Respondent and an affidavit of service filed by Mr. Meshack Baraza. I am satisfied that the notice to terminate tenancy and the motion dated 24. 4.2025 were duly served upon the Respondent who has not responded to any of them.

8. As a consequence of the Tenant’s failure to file a Reference to the Tribunal opposing the Landlord’s notice to terminate tenancy under Section 6(1) of Cap 301 of the Laws of Kenya, the Landlord’s notice to terminate tenancy became effective on the date indicated therein in conformity to the provisions of Section 10 of Cap 301. The motion by the Landlord is also unopposed and therefore one for allowing.

9. In disposing of this matter, I will therefore make the following orders;-a.That the Tenant’s notice to terminate tenancy dated 21. 1.2025 is hereby approved.b.That the tenancy between the parties herein is hereby terminated.c.That the Tenant will pay all outstanding rent arrears within the next thirty (30) days of this Ruling, FAILING which the Landlord may levy distress.d.That the Tenant shall vacate the suit premises within the next thirty (30) days FAILING which the Landlord will forcefully evict him using a licensed auctioneer.e.That the OCS Kondele Police Station shall provide security during the enforcement of the above orders.f.That the Tenant will bear the costs of the suit.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 19THDAY OF JUNE, 2025HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Ombiro for the Landlord and in the absence of the Tenant