REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT THIKA ELCLC E033 OF 2025 WICKS NJENGA MWETHI …………………............………………… PLAINTIFF VERSUS EUSTANCE GACHANJA………………………………….........……. DEFENDANT JUDGMENT 1. The Plaintiff filed suit by way of a Plaint dated 13 th February 2025 seeking inter alia an eviction order and an order allowing him to levy distress for rent arrears in the sum of Kshs. 2,060,000 together with costs and interest thereon. 2. Despite being served with Summons to enter appearance, the Defendant did not bother to enter appearance. 3. The case was set down for hearing and Plaintiff testified and closed his case. He relied on his witness statement dated and the List of Documents of even date containing the following documents; a Demand letter, Notice of Intention to sue, Eviction Notice , Screen Shots of conversations between the Plaintiff and the Affidavit of certificate of Electronic evidence which he produced as Plaintiff’s exhibits 1-5. THIKA ELCLC NO. E033 OF 2025 (JUDGMENT) Page 1
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Plaintiff’s Case 4. In summary the Plaintiff’s case is that the defendant leased the Plaintiff’s premises situated on land parcel number Ruiru/Mugutha Block 1/T.388 at a monthly rent of Kshs. 35,000 since late 2019. The Defendant occupied the suit premises throughout the COVID -19 pandemic affected the country. In March 2020 the Plaintiff granted the Defendant amnesty on the understanding that the Defendant would pay the outstanding arrears when the economic situation improved. 5. As at the time of filing suit in February 2025 and despite the economic situation having returned to normal, the Defendant failed and/or refused to settle the outstanding rent arrears amounting to Kshs. 2,060,000. 6. The Plaintiff therefore claims the said sum of Kshs. 2060,000 form the Defendant. During the hearing in February 2026, the Plaintiff informed the court that the Defendant had vacated the suit premises. Analysis and Determination 7. I have considered the Plaint and evidence on record. The Defendant did not oppose the suit. The Plaintiff produced documents to show that he had been in communication with the Defendant regarding his tenancy in the Plaintiff’s premises. The said oral and documentary evidence was not controverted. THIKA ELCLC NO. E033 OF 2025 (JUDGMENT) Page 2
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8. In the circumstances the court is satisfied that the Plaintiff has proved his case on a balance of probabilities. The court notes that since the Defendant has vacated the suit premises, the prayers for an order allowing the Plaintiff to levy distress for rent and an order of eviction are no longer tenable. Nevertheless, the Plaintiff is entitled to his rent arrears. 9. Consequently, the Plaintiff’s suit succeeds and it is disposed of in the following terms: a) The Defendant shall pay the sum of Kshs. 2,060,000 being rent arrears for the period upto and including February 2025. b) The costs of the suit shall be borne by the Defendant. Dated, signed and delivered virtually, this 28th day of July 2026. ............................ J. M ONYANGO JUDGE THIKA ELCLC NO. E033 OF 2025 (JUDGMENT) Page 3
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