Thiong''go (Suing as the Legal Administrator of the Estate of Luciah Hunyu) v Mwangi t/a Bensow Electrical [2025] KEBPRT 230 (KLR) | Landlord Tenant Disputes | Esheria

Thiong''go (Suing as the Legal Administrator of the Estate of Luciah Hunyu) v Mwangi t/a Bensow Electrical [2025] KEBPRT 230 (KLR)

Full Case Text

Thiong''go (Suing as the Legal Administrator of the Estate of Luciah Hunyu) v Mwangi t/a Bensow Electrical (Tribunal Case E013 of 2025) [2025] KEBPRT 230 (KLR) (Civ) (23 April 2025) (Ruling)

Neutral citation: [2025] KEBPRT 230 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Civil

Tribunal Case E013 of 2025

CN Mugambi, Chair

April 23, 2025

Between

Martin Hunyu Thiong''go (Suing As The Legal Administrator Of The Estate Of Luciah Hunyu)

Landlord

and

Benson Mwangi T/A Bensow Electrical

Tenant

Ruling

1. The Landlord’s Application dated 7. 01. 2025 seeks orders that the Tenant be ordered to pay the outstanding electricity bill and that further the Tenant be ordered to reimburse to the Landlord the monies already paid (presumably in settling part of the electricity bill).

2. The Landlord has deponed in his Affidavit in support of the Application that the Respondent has failed and neglected to pay the electricity bill amounting to Kshs. 404,947. 30/=. It is the Applicant’s deposition that as a result of the Tenant’s failure to clear the electricity bill, KPLC disconnected power from the pole and the other Tenants contributed Kshs. 100,000/= to have the power reconnected.

3. I have perused the Affidavits sworn by the Applicant. I have seen the bill that has been annexed to the said Affidavits and I note that the said bill is in the name of Asembo Trunkworks, Account No.2006623. The Applicant has not demonstrated the connection/nexus between the customer/Accountholder and the Tenant or between the account holder and Martha Muthoni who is said to have given out the suit premises to the Tenant.

4. In the circumstances, there is no evidence presented before the Tribunal to show that the Tenant indeed owes or is obligated to pay the alleged electricity bill.

5. Consequently, the Application by the Landlord is dismissed with no orders as to costs.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 23RD DAY OF APRIL 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNAL