Automated Summary
Key Facts
This case involves a lease agreement between Joseph Kibor Lelei (Tenant) and Joseph Kinikina (Landlord) for a 5-year period ending 31st December 2021. The Tenant claims the Landlord served an illegal eviction notice on 7th September 2021, while the Landlord alleges Kshs 185,000/- in unpaid rent and illegal subletting. The Tribunal ordered a rent inspector to assess the premises within 30 days, mandated rent valuations by both parties, required the Tenant to pay Kshs 20,000/- in interim rent, and allowed the Landlord to distress for rent by 30th March 2022 if unpaid. A mention was scheduled for 3rd May 2022.
Issues
- The landlord applied to increase the rent from Kshs 25,000 to Kshs 40,000 starting January 2022 and to add Abraham Kunikina as an interested party. The court considered the validity of these requests and the necessity of a rent valuation.
- The court examined the legality of the landlord's notice given to the tenant on 7th September 2021, which required the tenant to vacate within 3 months. The issue centered on whether this notice complied with the lease agreement and applicable laws.
- The landlord claimed the tenant owed Kshs 185,000 in rent arrears and had illegally sublet the premises. The tenant's failure to pay the ordered arrears and the subletting allegations formed key issues in the case.
Remedies
- A rent inspector to visit the premises in 30 days in the presence of all parties to make a report on the space lettable by the Tenant whether reduced or not, general business in the area, and state of repair of the premises
- Mention on 3rd May 2022 to confirm compliance and take a date for the reference hearing
- The Tenant to pay Kshs 20,000/- as rent from 1st January 2022 to date
- Valuation for rent to be done by each party and filed in the next 30 days
- The Landlord is at liberty to distress for rent by 30th March 2022 if not paid by then
Legal Principles
The court applied principles related to lease agreements, including obligations for rent payment and subletting restrictions. It ordered a rent inspector to assess the premises and required both parties to submit valuations. Procedural measures included interim rent payments and a distress order if arrears remain unpaid.
Judge Name
Hon A. Muma
Passage Text
- The Tenant and Landlord entered into a lease dated 16th January 2016 which was to run for a 5-year period ending 31st December 2021 having previously been on a lease from 21st July 2011.
- The Landlord claims rent owing is Kshs 185,000/- and that the Tenant has sublet the premises which is illegal.
- Having considered the above and in the interest of justice, I find the information I have not sufficient enough to make a complete determination. I will therefore order as follows on the 2 applications before me.