Ng’ang’a & 2 others v Sil Vernarrow Limited [2024] KEBPRT 1228 (KLR) | Controlled Tenancy | Esheria

Ng’ang’a & 2 others v Sil Vernarrow Limited [2024] KEBPRT 1228 (KLR)

Full Case Text

Ng’ang’a & 2 others v Sil Vernarrow Limited (Tribunal Case E443 of 2024) [2024] KEBPRT 1228 (KLR) (14 August 2024) (Ruling)

Neutral citation: [2024] KEBPRT 1228 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E443 of 2024

CN Mugambi, Chair

August 14, 2024

Between

Felistas Gathoni Ng’ang’a

1st Applicant

David Kyalo

2nd Applicant

Annette Obungu

3rd Applicant

and

Sil Vernarrow Limited

Respondent

Ruling

1. On 06. 06. 2024, I delivered a ruling in this matter and directed the Respondent to file a further affidavit and annex to it the lease agreement between the parties. The Respondent complied by filing its affidavit sworn on 12. 6.2024.

2. I have perused the lease agreement between the parties and I do note that the same provides for a lease period of six (6) years which is well outside the jurisdiction of the Tribunal.

3. A controlled tenancy under Cap 301 of the Laws of Kenya means a tenancy of a shop, hotel or catering establishment;a.Which has not been reduced into writing orb.Which has been reduced into writing and whichi.Is for a period not exceeding five (5) years orii.Contains provisions for termination otherwise than for breach of contract within five (5) years from the commencement thereof oriii.Relates to premises of a class specified under subsection (2) of this Act.

4. From the above definition, it is therefore clear that the tenancy between the 2nd Applicant and the Respondent does not amount to a controlled tenancy and the Tribunal therefore lacks the jurisdiction to hear and determine this dispute.

5. I do note from the record that on 2. 5.2024 the 1st Tenant/Applicant withdrew her complaint against the Respondent. In view of that withdrawal and my finding on jurisdiction above, the 2nd Tenant’s complaint and Application (as far as relevant to her) are hereby dismissed for want of jurisdiction. The 2nd Tenant will bear the costs of the Complaint and the Application.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14THDAY OF AUGUST, 2024HON. CYPRIAN MUGAMBI - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Ms. Gichuru for the Respondent and in the absence of the Tenant/ApplicantCourt: The Application by the 3rd Tenant will proceed for hearing on 17. 9.2024. Hearing notice to issue