Wambui & 6 others v Njuguna [2023] KEBPRT 363 (KLR)

Wambui & 6 others v Njuguna (Tribunal Case E715 of 2022) [2023] KEBPRT 363 (KLR) (Civ) (22 May 2023) (Ruling)

Neutral citation: [2023] KEBPRT 363 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Civil

Tribunal Case E715 of 2022

Andrew Muma, Vice Chair

May 22, 2023

Between

Caroline Wambui

1st Tenant

Laban Chege

2nd Tenant

Kennedy Muchuki

3rd Tenant

Mary Maina

4th Tenant

Juliet Wangechi

5th Tenant

Jotham Irungu

6th Tenant

Peter Njuguna

7th Tenant

and

Julius Mwangi Njuguna

Landlord

Ruling

A. Parties and their Representative 1. The Applicants are the Tenants of the suit premises in this matter and occupy Plot No 139877, Plot C within Thika Sub-County.

2. The Firm of Kanyi Kiruchi & Co Advocates represents the Applicant in this matter.

3. The Respondent is the Landlord and owner of the suit premises rented out to the Tenants.

4. The Firm of Ojienda & Co Advocates represents the Landlord/Respondent in this matter.

B. The Dispute Background 5. On August 4, 2022 the Tenants filed a Reference and a Notice of Motion application of even date seeking orders to stop the Landlord’s alleged unlawful eviction and harassment from the suit property.

6. In response, the Landlord filed Grounds of Opposition dated August 24, 2022 claiming inter alia that the Tenant’s Reference is res judicata and that this Tribunal lacks jurisdiction to hear and determine the same.

7. On January 18, 2023 the Tribunal gave orders upholding the Grounds of Opposition dated August 24, 2022 while dismissing the Tenant’s Notice of Motion dated August 4, 2022 with costs to the Landlord.

8. The Landlord filed a party and party bill of costs dated February 10, 2023 which Bill is drawn to the sum of Kshs 93,500. 00

9. The only business remaining for this Tribunal to determine in relation to this matter is the quantum of costs to be awarded to the Landlord. Having taken note of the guiding principles of taxation, the Tribunal now proceeds to determine the computation of each item as follows;Item Date Particulars Amount Charged(Applicants) Amount Taxed Off (tribunal)

1. 15. 8.2022 Receiving instructions to defend Tenant’s application dated 4th August 2022 77,600 69,900

2. 15. 8.2022 Drawing Preliminary Objection dated 15. 8.2022 1,000 1,000

3. 15. 8.2022 Attending the registry to file the Preliminary Objection dated 15. 8.2022 1,000 1,000

4. 15. 5.2022 Service upon the Tenant’s Advocate 1,400 1,400

5. 24. 8.2022 Drawing Notice of Motion Application dated 24. 8.2022 and Grounds of Opposition 1,000 1,000

6. 24. 8.2022 Attending the registry to file the Notice of Motion dated 24. 8.2022 1,000 1,000

7. 24. 8.2022 Service upon the Tenant’s Advocate 1,400 1,400

8. 6. 10. 2022 Attending Court for hearing 3,000 3,000

9. 30. 11. 2022 Attending Court for hearing of the Landlord’s Preliminary Objection 4,000 2,100

10. 14. 7.2022 Attending Court for ruling on the Landlord’s Preliminary Objection 2,100 2,100

Grand Total 93,500 84,000

Bill Of Costs Taxed At 93,500 84,000 Particulars 1. Item 1- Instruction Fees:As per the provisions of Paragraph 7(2)(a) of Schedule 8 of the Advocates Remuneration Order, the instruction fees sought is not excessive and is within the reasonable bounds of the law. However, there was no complexity and issues of novelty demonstrated in handling the matter.Amount taxed at Kshs.69,900

2. Items 2, 3 and 4 - Drawing Preliminary ObjectionAttending the registry to file the Preliminary ObjectionService upon the Tenant’s AdvocateAmount taxed is okay and in accordance to Paragraph 4 (a)(i) of Schedule 6, Paragraph 5(d) of schedule 6 and Paragraph 8(a)(i) of Schedule 8 of the Advocates Remuneration Order, 2014.

3. Items 5,6 and 7- Drawing Notice of Motion and Grounds of Opposition- Attending the registry to file the Notice of Motion- Service upon the Tenant’s AdvocateAmount taxed is okay and in accordance to Paragraph 4 (a)(i) of Schedule 6, Paragraph 5(d) of schedule 6 and Paragraph 8(a)(i) of Schedule 8 of the Advocates Remuneration Order, 2014.

4. Items 8 and 9 -Attending Tribunal For hearing:Item 8 is in accordance with the scale. As for item 9, amount taxed is excessive and not in accordance to Paragraph 8 (c)(ii) of Schedule 8 of the Advocates Remuneration Order, 2014. It is inconceivable that hearing under item 9 lasted a whole day.Amount taxed 1,900/=

5. Item 10- Attending Tribunal for Ruling:Amount taxed is okay and in accordance to Paragraph 4 (a)(i) of Schedule 6, Paragraph 5(d) of schedule 6 and Paragraph 8(a)(i) of Schedule 8 of the Advocates Remuneration Order, 2014.

10. Based on these provisions of the Law, and having considered the Landlord’s and Tenants’ submissions, it is the conclusion of this Tribunal that the Bill of Costs have been drawn within the reasonable confines of the Law.

11. Based on the foregoing, the Tenants’ Bill of Costs dated 10th February 2023 is taxed at Kshs. 84,000/=.

ORDERSFor the reasons given above I Order as follows that:1. The Tribunal taxes the Landlord’s party and party bill of costs dated 10th February 2023 at Kshs 84,000/=.2. The Tenants shall pay the costs within 60 days from the date of being served with a certified copy of the order.

HON A. MUMA - VICE CHAIRBUSINESS PREMISES RENT TRIBUNALRULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON A. MUMA THIS 22ND DAY OF MAY 2023 IN THE ABSENCE OF PARTIES.HON A. MUMA - VICE CHAIRBUSINESS PREMISES RENT TRIBUNAL