Samwel & another v David [2025] KEBPRT 291 (KLR)

Samwel & another v David (Tribunal Case E021 of 2025) [2025] KEBPRT 291 (KLR) (20 May 2025) (Ruling)

Neutral citation: [2025] KEBPRT 291 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E021 of 2025

CN Mugambi, Chair

May 20, 2025

Between

Mwita Sarah Samwel

1st Tenant

Mwita Chacha Charles t/a Nyakwiria Enterprises

2nd Tenant

and

Mbugi Naftaly David

Landlord

Ruling

Introduction 1. The Tenants Application dated 17. 2.2025 seeks orders that the Landlord be restrained from effecting an arbitrary increment in the monthly rent and from pursuing an unlawful eviction against the Tenants from the business premises on Land Parcel No. NYAMAHARAGA/ISEBANIA PLOT NO. 29A. The Applicants have also sought the assistance of the OCS ISEBANIA Police Station in the enforcement of the orders sought.

The Applicants depositions 2. The Applicants’ affidavit in support of their Application sworn by Ms. Mwita Sarah Samwel on 17. 2.2025 may be summarized as follows;-a.That the Applicants have been Tenants at the suit premises for a period close to nine (9) years.b.That the monthly rent at the commencement of the tenancy was Kshs. 8,000/= but the same has been reviewed annually to the current monthly rent of Kshs. 20,000/=.c.That on 28. 12. 2024, the Landlord served the Tenants with a notice increasing the rent from Kshs. 20,000/= to Kshs. 23,000/=. The Tenants acceded to this increment on condition that the same would be reduced into writing.d.That after about a month after the notice to increase rent, the Counsel for the Landlord served the Tenants with a demand letter terminating the tenancy.e.That the Respondent’s conduct is malicious and sadistic and risks exposing the Applicants to financial losses and loss of business.

The Respondent’s depositions 3. The Replying affidavit sworn by Ms. Mbugi Naftaly David on 5. 03. 2025 may be summarized as follows;-a.That the tenancy between the parties has not been reduced into writing and hence it gives rise to a controlled tenancy.b.That the notice dated 28. 12. 2024 did not emanate from the Respondent.c.That the only notice the Landlord served upon the Tenants is the one dated 13. 2.2025 sent to the Tenants by Counsel for the Landlord.d.That the Tenants having breached the verbal agreement, they are deserving of the termination proceedings the Respondent has commenced in line with the law.e.That the Tenants who seek equitable remedies must approach the court with clean hands.

Analysis and determination 4. The only issue that arises for determination in this Application is whether the Tenants are entitled to the orders sought in their Application.

5. The Landlord has categorically denied issuing the rent increment notice dated 1. 2.2025 which sought to raise the rent from Kshs. 20,000/= to Kshs. 23,000/=. That being the case, there exists no threat to increase the rent and the issue rests there.

6. The Respondent has deponed that the only notice he has issued to the Tenants is the one dated 13. 2.2025. I have seen the said notice written by Ms. Edward Kisia & Associates Advocates and addressed to the Applicants herein. The said notice demands that the Tenants vacate the suit premises by 28. 3.2025. a perusal of the notice shows that the notice does not comply with the mandatory provisions of Section 4 of Cap 301 and it is therefore an invalid notice and of no legal consequences

7. In the circumstances, I do find merits in the Tenants Application and allow the same in the following terms;-a.That the Landlord is hereby restrained from illegally increasing the rent for the suit premises.b.The notice to terminate the tenancy dated 13. 2.2025 is invalid, illegal and of no effect.c.The Respondent/Landlord is hereby restrained from illegally evicting the Tenants or in any manner interfering with the Tenants’ occupation and quiet enjoyment of the suit premises.d.The Reference by the Tenants is allowed in the above terms.e.The Landlord will bear the costs of the Application and the Reference.f.This file is closed.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 20TH DAY OF MAY 2025. HON. CYPRIAN MUGAMBI - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the absence of the parties