Muthuri & another v Marete & another [2025] KEBPRT 328 (KLR) | Jurisdiction Of Tribunal | Esheria

Muthuri & another v Marete & another [2025] KEBPRT 328 (KLR)

Full Case Text

Muthuri & another v Marete & another (Tribunal Case E332 of 2025) [2025] KEBPRT 328 (KLR) (16 June 2025) (Ruling)

Neutral citation: [2025] KEBPRT 328 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E332 of 2025

CN Mugambi, Chair

June 16, 2025

Between

Naftaly Kwari Muthuri

1st Claimant

Kinoti Stanley Marete

2nd Claimant

and

Joshua Kirimi Marete

1st Respondent

Smart Champions Sacco Society Limited

2nd Respondent

Ruling

1. The Respondents notice of Preliminary objection dated 16. 4.2025 is brought on the grounds that the Tribunal lacks the territorial jurisdiction to hear and determine this suit and that the suit offends Sections 4(4) of Cap 301 and Regulation 4(1) of the Regulations under the said Act.

2. I have perused the Complaint by the Landlord and it states that the Tenant has failed to vacate the suit premises after the suit expired. The Complaint also seeks an order that the Tenant pays rent of Kshs. 500,000/=.

3. On the issue of territorial jurisdiction, I think it is common knowledge that whereas the Tribunal has registries across the country, the official seat of the Tribunal is at Nairobi and the Tribunal as presently constituted has jurisdiction over matters legally assigned to it throughout the Republic of Kenya. I do not find any merits in the said objection.

4. The issue of whether or not a tenancy between the parties actually existed and whether the same has expired is an issue to be determined by way of evidence. Further, the Landlord’s demand for rent cannot be dealt with summarily by way of a preliminary objection. It is trite law that where the court needs to go into examination of facts to establish a certain set of circumstances, then the matter has to be dealt with in the usual manner Applications in cases are dealt with.

5. I therefore don to find any merits in the Respondents notice of preliminary objection dated 16. 4.2025 and the same is hereby dismissed with costs to the Applicants.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 16TH DAY OF JUNE 2025. HON. CYPRIAN MUGAMBI - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Mutunga for the Landlords and in the absence of Counsel for the Respondent and the Tenant