Nganga v Mutai & another [2022] KEBPRT 225 (KLR)

Nganga v Mutai & another (Tribunal Case E003 of 2021) [2022] KEBPRT 225 (KLR) (Civ) (25 June 2022) (Ruling)

Neutral citation: [2022] KEBPRT 225 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Civil

Tribunal Case E003 of 2021

Gakuhi Chege, Vice Chair

June 25, 2022

Between

Joseph Murugami Nganga

Applicant

and

David Mutai

1st Respondent

Gilbert Kurgat

2nd Respondent

Ruling

1. The tenant filed a reference under Section 12(4) of Cap. 301, Laws of Kenya complaining that the respondents had unlawfully denied him access to his business premises with intention to evict him contrary to the provisions of the Act. He therefore prays that the court intervenes with necessary orders plus costs of the case.

2. The tenant simultaneously filed a motion dated 27th May 2022 seeking an order to compel the Respondents to grant access to the business premises located in Kaptembwo-Mwariki within Nakuru County. The application is supported by the affidavit of the tenant of even date wherein it is stated that on 25th may 2021, the Respondents rented out the suit premises to other people without notifying the tenant or issuing an eviction notice. The tenant found other people in his timber yard constructing structures as evidenced by annexure ‘JMN2’. He was denied access to the business premises despite the fact that he had been in occupation of the premises for more than 16 years without any problems. He deposes that he needs one year to move from the premises. His business permit was to expire in December 2021.

3. Interim orders were given on 15th June 2021 inter-alia directing that the Respondents grant the tenant access to the business premises subject matter of this complaint.

4. The application is not opposed as no replying affidavit nor any other document was uploaded on the e-filing portal in that regard. In the premises, I shall proceed to confirm the orders earlier granted in the following terms:-i.The application dated 27th May 2021 is allowed with costs to the Applicant/Tenant.ii.There shall be an order compelling the Respondents to grant the applicant access to his business premises located in Kaptembwo-Mwariki within Nakuru County.iii.The OCS, Kaptembwo Police Station is directed to enforce the terms of the above orders.iv.The Applicant is granted costs of Kshs.20,000/- for the reference and application against the Respondents.It is so ordered.

RULING DATED, SIGNED AND DELIVERED THIS 25TH DAY OF JUNE 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALIn the presence of:Simiyu for the TenantNo appearance for the Landlord