Ogwada v Munywoki [2025] KEBPRT 232 (KLR)

Ogwada v Munywoki (Tribunal Case E201 of 2025) [2025] KEBPRT 232 (KLR) (25 April 2025) (Ruling)

Neutral citation: [2025] KEBPRT 232 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E201 of 2025

CN Mugambi, Chair

April 25, 2025

Between

Grace Ogwada

LandLady

and

Isaac Musau Munywoki

Tenant

Ruling

1. The Landlady’s Application dated 19. 2.2025 seeks orders that the Landlady be granted eviction orders to evict the Tenant and further an order that the Tenant failing to voluntarily vacate, the area OCS do provide security during the enforcement of the orders.

2. The Application is supported by the Affidavit of Ms. Grace Ogwada the Applicant wherein it has been deponed that the Tenant was served with a termination notice dated 15. 11. 2024 effective 1. 02. 2025.

3. The Applicant further depones that the notice was compliant with the provisions of Section 7(f) of Cap 301 as she intends to carry out renovations which cannot be done while the Tenant is in the suit premises.

4. It is the Landlady’s further deposition that the Tenant has not rendered vacant possession of the premises after the expiry of the notices and neither has he informed the Landlady of his unwillingness to comply with the notice nor referred the matter to the Tribunal.

5. It is also deponed that the notice has specified the grounds upon which it is brought.

6. The Landlady’s further affidavit sworn on 3. 03. 2025 at paragraphs, 4, 5, 6 and 7 thereof has clearly detailed how the service of the notice to terminate tenancy was effected upon the Tenant.

7. The Tenant was also served with the instant Application and an affidavit of service sworn on 3. 03. 2025 by one Ms. Agnes Nduku has been filed with the Tribunal.

8. I am in the circumstances satisfied that both the Application and the notice to terminate tenancy were duly served upon the Tenant.

9. I am further satisfied that the Tenant has not filed any pleadings in opposition to both the notice to terminate tenancy and the Application and consequently, the Landlady’s notice to terminate tenancy is effective as per the provisions of Section 10 of Cap 301 which provides as follows;-“Where a Landlord has served a notice in accordance with the requirements of Section 4 of this Act on a tenant, and the Tenant fails within the appropriate time to notify the Landlord of his unwillingness to comply with such notice, or to refer the matter to a Tribunal, then subject to Section 6 of this Act, such notice shall have effect from the date therein specified to terminate the tenancy or terminate or alter the terms and conditions thereof or the rights or services enjoyed thereunder.”

10. The Landlady’s notice to terminate tenancy dated 15. 11. 2024 therefore became effective on 1. 02. 2025 being the effective date therein specified. The tenancy between the parties therefore became terminated on 1. 02. 2025 and beyond that date, the Tenant was no more than a trespasser upon the suit premises.

11. Consequently, I find merit in the Landlady’s Application dated 19. 2.2025 and the same is allowed.

12. The Tenant will bear the costs of the Application.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25THDAY OF APRIL, 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Malelu for the Landlady and in the absence of the Tenant