Nyakundi & Company Advcoates v National Fund for the Disabled of Kenya [2025] KEBPRT 33 (KLR)

Nyakundi & Company Advcoates v National Fund for the Disabled of Kenya (Tribunal Case E136 of 2024) [2025] KEBPRT 33 (KLR) (14 January 2025) (Ruling)

Neutral citation: [2025] KEBPRT 33 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E136 of 2024

CN Mugambi, Chair

January 14, 2025

Between

Nyakundi & Company Advcoates

Tenant

and

The National Fund for the Disabled of Kenya

Landlord

Ruling

Introduction 1. The Landlord’s notice to terminate tenancy dated 22. 11. 2023 is brought on the grounds that the Tenant has failed pay any rent at all in the twenty months (22) months period from 1. 1.2022 to 31. 10. 2023 accumulating rent arrears amounting to Kshs. 1,553,070. 64/=.

2. The Tenant while opposing the Landlord’s notice to terminate tenancy filed a Reference to the Tribunal dated 31. 1.2024.

3. On 4. 9.2024, the court directed that the Reference would proceed by way of written submissions and the parties were granted leave to file any further affidavits that they wanted to file together with their written submissions.

4. The Landlord’s evidence in support of its notice to terminate tenancy is to be found in the affidavit of M/S Jamlick Karim sworn on 16. 6.2024.

5. The Landlord has deponed in its affidavit that since the Landlord took over ownership of the suit premises in the year 2020, the Tenant has not paid any rent resulting to an outstanding rent arrears of Kshs. 3,307,016/= as at the date of swearing the affidavit.

6. That after the Landlord took over the suit premises from the previous Landlord, it received debit statements for the Tenant which showed that the Tenant last paid rent in the year 2018 (6. 3.2018) and the rent arrears under the previous Landlord was Kshs. 5,174,392. 12/=.

7. The Landlord therefore depones that it is this failure to pay rent on the part of the Tenant which necessitated the issuance of the notice to terminate tenancy upon the Tenant.

Analysis and Determination 8. The evidence of the Landlord has not been challenged in any manner by the Tenant who apart from filing the Reference, has not filed any other document.The Tenant did not also file the submissions as ordered by the court.

9. In these circumstances, I do not have any reason to disbelieve the evidence of the Landlord and on a balance of probabilities, I am satisfied that indeed the Tenant owes the rent as shown in the statement of account annexed to the Landlord’s affidavit.

10. I have also perused the Landlord’s notice to terminate tenancy dated 22. 11. 2023 and I am satisfied that it is a valid notice and satisfies the requirements of Section 4 of Cap 301.

11. The evidence of the Landlord being uncontroverted, I do find that the Landlord has proved its notice and I allow the same on the following terms;-a.That the tenancy between the parties is hereby terminated.b.That the Tenant is to render vacant possession of the suit premises within the next ninety (90) days from the date of this Ruling.c.That the Tenant will pay all the outstanding rent arrears together with the rent for the three (3) months or up to any earlier dated that the Tenant shall vacate the premises.d.That the Tenant failing to vacate, the Landlord will be at liberty to evict the Tenant with the assistance of a licensed auctioneer.e.That the Tenant will bear the costs of the Reference.f.File closed.

DATED, FILED AND DELIVERED VIRTUALLY THIS 14TH DAY OF JANUARY, 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Deligi for the Landlord and in the absence of the Tenant