Kiruja & 4 others v Mugambi Zakayo Nteere Ltd
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Service and validity of the termination notices
The notices dated February 16, 2018 terminating tenancies from April 17, 2018 were properly served and conformed with section 4(4) of Cap 301
The notice period was exactly two months, meeting the statutory minimum of 'not less than two months'. The 2nd appellant's own testimony referred to notices having been served, from which the court inferred service of the February 16, 2018 notices. None of the appellants disputed service at the tribunal, and leave to file the references out of time had been granted, so the service issue could not be raised for the first time on appeal through submissions.
Sufficient cause for termination - non-payment of rent
There was sufficient cause to terminate the tenancies as the tribunal's finding of rent arrears was supported by the evidence
The tribunal found all tenants in arrears of at least two months when the notices were served, with substantial arrears persisting at the hearing. There was no evidence the landlord returned rent monies or that tenants complained to the landlord or tribunal about frustration in paying rent. Tenants could have disproved non-payment by showing payment up to the notice date, but no such evidence was adduced before the tribunal or the court.
Alleged frustration of rent payment by the landlord
The claim that the landlord frustrated payment by refusing rent and withholding bank details was not proved
The court perused the tribunal evidence and found nothing showing the respondent returned monies paid towards rent, nor any complaint by the appellants to the respondent or the tribunal about alleged frustration. The tribunal had made a similar finding, and the court saw no basis to interfere with it.
Legal principles established
#- A termination notice specifying a period of exactly two months conforms with section 4(4) of Cap 301, which requires not less than two months after receipt
- A tenant alleging non-payment of rent as ground of termination can disprove it only by evidence of payment up to the date of the notice; absence of complaint of frustration defeats the allegation
Court orders
#- 1.The appeal is dismissed with costs to the respondent
- On appeal from
- Business Premises Rent Tribunal (Meru)
- BPRT Case Nos 67, 68, 69, 70 and 71 of 2018 (Meru)
- Jurisdiction invoked
- First appeal from the Business Premises Rent Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiruja & 4 others v Mugambi Zakayo Nteere Ltd", Case Analysis (2023). Environment and Land Appeal 4 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18347/eng@2023-06-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.