Tuwei v Langat [2025] KEBPRT 268 (KLR)

Tuwei v Langat (Tribunal Case E093 of 2024) [2025] KEBPRT 268 (KLR) (5 May 2025) (Ruling)

Neutral citation: [2025] KEBPRT 268 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E093 of 2024

CN Mugambi, Chair

May 5, 2025

Between

Asbel Kipng’etich Tuwei

Applicant

and

Samson Kimutai Langat

Respondent

Ruling

1. The Landlord’s Reference to the Tribunal dated 6. 08. 2024 is brought under Section 12(4) of Cap 301 of the Laws of Kenya. It is brought on the grounds that;-a.The Tenant has refused to vacate the premises despite the termination of the tenancy. It is necessary to forcefully evict the Tenant hence prayer for eviction order.b.The Tenant has failed to pay rent arrears amounting to Kshs 35,000/= as at 2nd May, 2024. c.The tenancy was terminated and the Tenant did not contest the termination.d.It is necessary to evict the Tenant.

2. The Landlord’s notice to terminate tenancy is the one dated 2. 05. 2024 and the main ground upon which termination of the tenancy and vacation of the premises is sought is the non-payment of rent by the Tenant. The effective date in the notice to terminate tenancy is 01. 08. 2024.

3. I have perused the notice and I am satisfied that the same is valid and issued pursuant to the provisions of Section 4(2) of Cap 301. The notice was duly served and an affidavit of service to that effect has been filed by Ms. Caroline Birechi. I am therefore satisfied that service of the notice to terminate tenancy was proper.

4. The Respondent/Tenant, in what I assume to be a response to the Reference filed by the Landlord has filed a statement of defence dated 28. 9.2024. In the said statement the Tenant admits to being in rent arrears and states that he is making efforts to clear the arrears. The Tenant blames the Landlord for the Tenant’s failure to pay rent as the Landlord allegedly locked the suit premises for a period of three months, January to March 2023. The Tenant alleges that when the premises was eventually opened on April 2023, he was not compensated for loss of business and the expired drugs in his store. The Tenant therefore requires the Tribunal to order the Landlord to compensate him for the said losses.

5. The Tenant was served with the notice to terminate tenancy on 6. 05. 2024 (see the affidavit of service sworn by Ms. Caroline Birechi). Under the provisions of Section 415 of Cap 301, the Tenant was required to inform the Landlord whether or not he intended to comply with the notice within a period of one month. The Tenant did not inform the Landlord as required under the said Section.

6. The Tenant was further required to file a Reference to the Tribunal if he was minded of opposing the Landlord’s notice to terminate tenancy. under the provisions of Section 6(1) of Cap 301, the Reference is to be filed before the date upon which the notice is to take effect, in this case, before 1. 08. 2024. The Tenant, again, did not comply with the provisions of Section 6(1) of Cap 301.

7. I do not think the statement of defence filed by the Tenant and dated 25. 09. 2024 amounts to a compliance with the provisions of Section 4(5) and 6(1) of Cap 301. Consequently, the notice by the Landlord to terminate tenancy remained unopposed as a consequence of which the notice became effective from the date indicated therein in accordance with the provisions of Section 10 of Cap 301 which provides as follows;-“Where a Landlord has sowed a notice in accordance with the provisions of Section 4 of this Act on a Tenant and the Tenant falls 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 service enjoyed thereunder.”

8. The notice to terminate tenancy in this case therefore took effect on 1. 08. 2024 and beyond that date, the Tenant was no more than a trespasser upon the suit premises.

9. In disposing of this matter, I will therefore make the following orders;-a.That the tenancy between the Landlord and the Tenant was effectively terminated on 1. 08. 2024. b.That the Tenant is to render vacant possession of the suit premises within the next sixty (60) days of this Ruling, FAILING which the Landlord will be at liberty to evict him using a licensed auctioneer.c.That the Tenant is to pay all the outstanding arrears, including the sixty days he will remain at the premises or the rent for the duration he stays at the premises if he chooses to vacate earlier than the sixty days.d.That the Tenant failing to pay the rent as ordered at paragraph (c) above, the Landlord will be at liberty to levy distress for the said rent.e.The Tenant will bear the costs of the Reference.f.This file is closed.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 5THDAY OF MAY 2025HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Wanyonyi for the Landlord and in the absence of the Tenant