Waiyaki t/a Doreen Munyua Waiyaki & Company Advocates v Magereza Sacco Limited [2025] KEBPRT 218 (KLR)

Waiyaki t/a Doreen Munyua Waiyaki & Company Advocates v Magereza Sacco Limited (Tribunal Case E1301 of 2024) [2025] KEBPRT 218 (KLR) (17 March 2025) (Ruling)

Neutral citation: [2025] KEBPRT 218 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E1301 of 2024

A Muma, Member

March 17, 2025

Between

Doreen Munyua Waiyaki t/a Doreen Munyua Waiyaki & Company Advocates

Tenant

and

Magereza Sacco Limited

Landlord

Ruling

A. Parties and ther Representatives 1. The Applicant, Doreen Munyua (the “Tenant”), is the lawful tenant of an office space known as Room 3 on the 2nd floor of Mageso Chambers within Nairobi County (hereinafter the “Suit Premises”).

2. The Firm of Rachier & Amollo LLP represents the Tenant in this matter.

3. The Respondent, Magereza Sacco Limited, is the owner of the suit premises and hence the Landlord herein (hereinafter the “Landlord”).

4. The Firm of C.B Mwongela & Company Advocates represent the Landlord in this matter.

B. Dispute Background 5. The Tenant moved this Court vide a Reference and Notice of Motion Application evenly dated 25th November 2024 seeking orders that:i.This matter be certified as urgent and be heard exparte in the first instance;ii.Pending the interpartes hearing and determination of this matter, the Landlord be restrained from evicting, taking possession or interfering with the Tenant’s quiet possession of the suit premises.iii.Pending the interpartes hearing and determination of the matter, the Landlord be compelled to open the suit premises; andiv.Costs of this application be borne by the Landlord.

6. Having considered the Tenant’s Application, on 26th November 2024 this Court issued Orders compelling the Landlord to reopen the suite premises and restraining it from interfering with the Tenant’s quiet enjoyment of the suit premises. The Court further ordered the Tenant to serve the Landlord for interpartes hearing on 16th December 2024 and to subsequently file an affidavit of service.

7. In opposition to the Tenant’s Reference and Application, the Landlord filed a replying affidavit dated 17th December 2024.

8. It is the Tenant’s Reference and Application dated 25th November 2025 that is the subject of this ruling.

C. Tenant’s Case 9. The Tenant’s Application is based on the grounds that on 1st February 2019 through Murage Estates Agents she entered into a lease with the Landlord over the suit premises and has been discharging her obligations by religiously paying rent.

10. It is the Tenant’s case that in 2020, there was an outbreak of Covid 19 which necessitated closure of the office premises for over 6 months during which the Landlord’s agent gave an undertaking that they would waive the rent for the said period. Additionally, the Landlord requested that the tenant surrenders a part of the office space in 2023 and as such, the Tenant was expected to pay half of the initial rent as agreed between her and the Landlord’s Agent.

11. The Tenant avers that in 2023, the Landlord appointed another agent, Neptune Shelters Limited, in place of Murage Estate Agents, who have unilaterally and wantonly reneged on all the undertakings issued by Murage Estate agents and demanded for the payment of all rental arrears, including those waived.

12. The Tenant prays that this Court intervenes as she will suffer irreparable harm if she is evicted from the suit premises.

D. Landlord’s Case 13. In an Affidavit sworn by Augustus Mutisya, the Chief Executive Officer of the Landlord, the landlord avers that it is a Tenant’s primary obligation to pay rent in any lease.

14. The Landlord further avers that the Tenant has continuously failed to pay rent which has resulted in rent arrears of KShs. 246,500. 00 as at December 2024. As such, the Landlordprays that this Court issues eviction orders.

E. Issues for Determination 15. Having perused the materials placed before this Court, it is my considered opinion that the issue that falls for determination is:Whether this Court should grant the Orders of injuction sought in the Application dated 25th November 2025

F. Analysis 16. This being a controlled tenancy within the jurisdiction of this Court, the Tenant herein seeks protection against eviction by the Landlord on the grounds that they are in rent arrears.

17. The crux of this matter is the rent arrears owing to the Landlord is in dispute, the sole basis upon which the Landlord seeks to evict the Tenant.

18. The Tenant claims that vide a letter dated 22nd January 2024; she requested the Landlord for a tabulation of the rent arrears owing in order to reconcile the same with her accounts but the Landlord has never provided the same.

19. Additionally, the Tenant claims that there was an undertaking to waive the rent for the period when Covid 19 broke out, which waiver the Landlord has failed to take into account while calculating the rent arrears.

20. Further the Tenant claims to have surrendered a part of the suit premises reducing the space from 210 square feet to 188 square feet and as such, the rent payable is Kshs. 28,200. 00 as opposed to Kshs. 30,000. 00 used by the Landlord in calculating the rent arrears.

21. Having perused the materials placed before me, I observe that the period for rent arrears in dispute date back to 2020. However, the Tenant has provided proof of payment for the year 2023 only. Further, I observe that the Tenant has not filed any documentation to show the undertaking to waive rent during the Covid 19 period as well as proof of formal surrender of a part of the suit premises back to the Landlord thereby warranting a reduction in monthly rent payable.

22. The Landlord on the other hand has provided a statement of account demonstrating the rent arrears owing. However, the said statement does not break down the rent arrears owing for the period of the alleged waiver or the Covid 19 period. The said statement only indicates the rent arrears of Kshs. 366,500. 00 for the period before 2023 as balance carried forward.

23. Given the circumstances above and in the absence of further evidence, this Court is not in a position to determine the rent arrears owing. As such, this Court is inclined to give the parties an opportunity to demonstrate whether or not there are rent arrears owing by filing further documentation before this Court.

G. Determination 24. In light of the foregoing, the following orders shall abide:a.The Landlord to file statement of accounts for the same period, 1st February 2019 to date within 14 days;b.The Tenant to file proof of payment of rent from 1st February 2019 to date within 14 days;c.Matter to be scheduled for hearing on 24th April 2025; andd.Costs shall be in Cause.

HON A. MUMAMEMBERBUSINESS PREMISES TRIBUNALRuling dated, delivered and signed at Nairobi on this 17th day of March 2025 in the presence of Oketah holding brief for Munya for the Tenant and Talaso holding brief for Mwongela for Landlord.HON A. MUMAMEMBERBUSINESS PREMISESN TRIBUNAL