Namu & another v Kiura [2024] KEBPRT 405 (KLR)

Namu & another v Kiura (Tribunal Case E052 of 2023) [2024] KEBPRT 405 (KLR) (14 February 2024) (Ruling)

Neutral citation: [2024] KEBPRT 405 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E052 of 2023

CN Mugambi, Chair

February 14, 2024

Between

Lydia Njoka Namu & Lawrence Mumbura

Applicant

and

Duncan Murimi Kiura

Respondent

Ruling

1. The landlord’s application dated 11. 10. 1023 seeks an order that the Applicants be granted orders to break into and take possession of the suit premises situated at plot No. 5 Kivangu market, Mutunduri Embu County, hereinafter the suit premises. The Applicants have also sought the assistance of the OCS Mutunduri police station and costs of the suit.

2. The Applicants have sworn an affidavit wherein the 1st Applicant has deponed that the tenant left the suit premises since June 2023 and efforts to trace him have been futile.

3. The Applicants have also deponed that the tenant is in rent arrears amounting to Kshs. 25,000/= and they should therefore be allowed to break into the suit premises and obtain vacant possession.

4. Although the application is not opposed, I do note that what the landlord actually wants is to termite the tenancy between themselves and the tenant. In order for the Applicants to achieve this objective, they must comply with the provisions of Section 4(2) of Cap 301of the Laws of Kenya which requires the landlords/Applicants to issue the tenant with a notice to terminate tenancy. This is so because the tenancy between the parties herein is a controlled tenancy and the tenant a protected tenant. The prayer for vacant possession can therefore not be granted in the absence of a notice to terminate tenancy duly served upon the tenant.

5. The landlords have deponed that the tenant is in rent arrears of Kshs. 25,000/=. The tenant having not filed any response to the application by the landlords, I find that the tenant indeed owes rent aforesaid.

6. Consequently, I will allow the landlords to break into the suit premises only for the purposes of levying distress for the rent arrears.

7. The Respondents will also have the costs of the application.

8. The Applicants complaint is determined in the terms set out in paragraphs 5, 6 and 7 above only with the addition that the Applicants will also have the costs of the complaint.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14TH DAY OF FEBRUARY 2024HON. CYPRIAN MUGAMBICHAIRPERSON14. 2.2024Delivered in the absence of the parties.