Omunda v Metobwa [2025] KEBPRT 299 (KLR)

Omunda v Metobwa (Tribunal Case E007 of 2025) [2025] KEBPRT 299 (KLR) (Civ) (22 May 2025) (Ruling)

Neutral citation: [2025] KEBPRT 299 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Civil

Tribunal Case E007 of 2025

N Wahome, Chair & Joyce Murigi, Member

May 22, 2025

Between

Philip A Omunda

Tenant

and

Joseph Mocha Metobwa

Landlord

Ruling

1. These proceedings were originated by the Tenant’s reference dated 5/2/2025. Accompanying the reference was the notice of motion application dated 5/2/2025. The suit is anchored on Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301) hereinafter referred to as “the Act”.

2. The Tenant’s grievances in the reference are that:-i.The landlord has locked the door to my premises and also he had taken some of my properties.ii.The landlord wants to evict me unlawfully and even he did not serve me with any notice.

3. In the application of the even date, the Tenant sought that the landlord be restrained by an order of injunction from harassing, interfering or evicting the Tenant from his business situated at Jogoo area. He also sought for costs and that the orders issued be enforced by the OCS Kisii Police Station.

4. It was the case for the Tenant that he had met his cardinal obligations of paying rent on time and that he had complied with all the terms of his tenancy with the landlord.

5. On his part, the landlord responded to the Tenant’s Application by his Replying Affidavit sworn on the 25/4/2025. He asserted that the Tenant delayed in payment of rent and the only reason he had reversed the recent payments by him. The landlord also denied ever having locked up the demised premises. He asked that the application be dismissed.

6. The parties were afforded an opportunity to make oral submissions on the 28/4/2025 but in the absence of the Tenant, the landlord opted to rely on his replying Affidavit and await this courts Ruling.

7. From a review of the evidence on record, it is settled that a controlled tenancy exists between the parties as envisaged by Section 2(1) of the Act. There is also no dispute that the landlord has not issued a termination notice for the Tenancy. The only issue in dispute is whether the demised premises were ever locked up by the Landlotd.

8. The Tenant has insisted that indeed the premises were locked up and the reason he came to court. He has also asserted that the landlord carted away some unidentified items from his shop. The landlord has not rebutted this later assertion in anyway.

9. In our view therefore and in exercise of the powers donated to this court under Section 12(1) and (4) of the Act, there is need to preserve the quiet possession enjoyed by the Tenant at the demised premises. The landlord should also surrender any item that was taken away from the Tenant without any further delay.

10. On the other hand, the Tenant has an obligation to settle rent as and when the same falls due and we so direct.

11. Having made the orders herein above, there is nothing left of the reference dated 5/2/2025 and we resolve the same in the same terms with the application of the even date.

12. On costs, we exercise our discretion under Section 12(1) k of the Act and direct that each party do bear own costs.

13. In the final analysis, the orders that commend to us are the following:-i.That the reference and Application both dated 5/2/2025 are allowed in terms that the Tenant shall be allowed complete quiet possession of the demised premises situate at Jogoo area in Kisii.ii.That the Landlord shall immediately return all the items taken away from the Tenant and in any event in the next 7 days of this Ruling.iii.That the Tenant shall pay all the rents in arrears with immediate effect and continue to pay rent as and when the same falls due.iv.That the OCS Kisii Police Station to ensure compliance with these orders.Those are the orders of this court.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 22ND DAY OF MAY, 2025. HON. NDEGWA WAHOME, MBS, HON. JOYCE MURIGI,PANEL CHAIRPERSON, MEMBER,BUSINESS PREMISES RENT TRIBUNAL. BPRT.Ruling delivered in the presence of both the Landlord and the Tenant in person.HON. NDEGWA WAHOME, MBS, HON. JOYCE MURIGI,PANEL CHAIRPERSON, MEMBER,BUSINESS PREMISES RENT TRIBUNAL. BPRT.