Automated Summary
Key Facts
The case involves a dispute between tenant Mercy Wanjiku and landlord James Kanyingi over unpaid rent. The landlord locked the tenant's premises on January 29, 2023, alleging Kshs 51,400 in 2022 arrears and ongoing 2023 arrears (Kshs 40,000 total). The tenant claimed only Kshs 5,000 in arrears and accused the landlord of taking Kshs 50,000 and beer stock. The tribunal found the tenant in default, accepted the landlord's evidence of arrears via Mpesa statements, and dismissed the tenant's application for reinstatement. The tenant was ordered to clear Kshs 91,400 by July 31, 2023, or face eviction.
Transaction Type
Lease Agreement
Issues
Whether the Tenant has defaulted in their obligation to pay rent and as a result whether the landlord is entitled to vacant possession of the premises?
Holdings
- The tenant is in arrears of Kshs 51,400.00 for 2022 and Kshs 40,000.00 for 2023, totaling Kshs 91,400.00, and the landlord is entitled to vacant possession of the premises if arrears remain unpaid by July 31, 2023. The tenant failed to provide evidence disputing the landlord's claims.
- The tenant's claim that the landlord took Kshs 50,000.00 and beer stock was not proven on a balance of probability, and the tribunal could not order their return. The landlord complied with the Tribunal's order to open the premises on February 16, 2023.
- The tenant's Reference and Application dated February 10, 2023 were dismissed, and the tribunal ordered that each party bear their own costs. The landlord's action to lock the premises was upheld under Clause 9 of the lease agreement.
Remedies
- Each party is to bear their own costs.
- The Tenant's Reference and Application dated February 10, 2023 are hereby dismissed in the following terms.
- OCS Embu Central Police Station is directed to assist in compliance with the orders.
- The tenant shall clear arrears of Kshs 91,400.00 (Kshs 51,400 for 2022 and Kshs 40,000 for 2023) by July 31, 2023. Failure to comply allows the landlord to distress for rent and take vacant possession, including breaking in if necessary.
Monetary Damages
91400.00
Legal Principles
- The standard of proof (balance of probability) was central to the tribunal's findings. The tenant's allegations against the landlord were dismissed due to insufficient evidence meeting this standard.
- The tribunal determined that the tenant failed to discharge the burden of proof to challenge the landlord's claims regarding rent arrears and the retrieval of money and beer stock. The tenant did not provide evidence to contradict the landlord's Mpesa statements or assertions of default.
Key Disputed Contract Clauses
Clause 9 of the Lease Agreement, which permits the landlord to take possession of the premises if rent remains unpaid for two months, was central to the dispute. The landlord invoked this clause to justify locking the premises, while the tenant contested its application due to alleged insufficient arrears.
Cited Statute
Landlords and Tenants (Shops, Hotels and Catering) Establishments Act Cap 301
Judge Name
HON A. MUMA
Passage Text
- THAT incase of rent arrears for a period of two months the landlord shall take possession of his premises without any other conditions.
- Having perused the file and gone through the Mpesa Statements availed in the file, I am persuaded to agree with the claim by the landlord that the tenant is in arrears.
- The tenant shall clear the arrears of Kshs 91,400.00 ... on or before July 31, 2023 failure to which the landlord shall be at liberty to distress for rent and take back vacant possession of the premises.
Damages / Relief Type
Order for payment of Kshs 91,400.00 in rent arrears (Kshs 51,400 for 2022 and Kshs 40,000 for 2023)