Pauline Wachera Njoro v Jael Unitah Nyore, Caren Makungu, Robert Nyasuna, Kinuthia Karanja, Humphrey Ochami, Michael Barasa, Santo Billy & Robinson Chacha [2021] KEBPRT 98 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

AT NAIROBI

TRIBUNAL CASE NO. E658 OF 2021 AND E503 OF 2021 (NAIROBI)

PAULINE WACHERA NJORO......LANDLORD / APPLICANT

VERSUS

JAEL UNITAH NYORE..............1ST TENANT /RESPONDENT

CAREN MAKUNGU...................2ND TENANT /RESPONDENT

ROBERT NYASUNA..................3RD  TENANT /RESPONDENT

KINUTHIA KARANJA.............4TH  TENANT /RESPONDENT

HUMPHREY OCHAMI.............5TH  TENANT /RESPONDENT

MICHAEL BARASA..................6TH  TENANT /RESPONDENT

SANTO BILLY ............................7TH  TENANT /RESPONDENT

ROBINSON CHACHA ..............8TH  TENANT /RESPONDENT

JUDGMENT

A. The Dispute Background

1. In Nairobi No. 503 the Landlord moved this court via a reference and notice of motion dated 13th September 2021 to levy distress and for the tenants to vacate the premises with the assistance of the OCS Kayole.

2. The tenants on the other hand moved this court by way of notice of motion dated 1st November 2021 for restoration of electricity amongst other orders.

3. When the references and applications came for hearing I gave several directions including the consolidation of the two references, payment of rent, restoration of electricity amongst others whilst granting the Landlords prayers to the Tenants who did not oppose their reference and application being Respondents No. 1, 2, 6, 7 and 8.

4. Of concern was the notices filed in E658 of 2021 wherein the Landlord served notices dated 24th August 2021 which notices were to take effect on 1st of November 2021. Proceeded to request for a hearing date as the said notices were not opposed as by law required. In addition, there was no application before me for extension of time to oppose the said notices.

5. On the other hand, in E503 OF 2021 no documents have been filed by the Tenant in response to the application or hearing and on record is just the Tenant’s grounds of opposition dated 18th November 2021, replying affidavit and written submission dated even date. Having perused the same, I find the Landlords references and application is merited in addition the notices lapsed on 1st November 2021 unopposed leading me to grant the following orders;

6. The Landlord’s application dated 13th September 2021 is granted as prayed as against all Tenants. For the avoidance of doubt.

7. The Tenants to vacate on or before the 30th of November 2021 failure to which the Landlord can break in and secure vacant possession. OCS Kayole to assist keep peace.

8. Landlord is at liberty to levy distress for rent arrears.

9. Landlord shall have costs.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

Judgement dated, signed and delivered virtually by Hon A. Muma this 29thday ofNovember, 2021 in the presence of Muleifor Kimanifor theLandlady.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL