Case ID:165127
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Director Kenya African National Union (Kanu) v Elizabeth Nyambura & 3 others [2020] eKLR
Case Metadata
Case Number:
Tribunal Case 49, 50 And 51 of 2018
Parties:
Director Kenya African National Union (Kanu) v Elizabeth Nyambura, Moffat Muya & Timothy Bundi
Date Delivered:
04 Oct 2019
Case Class:
Civil
Court:
Business Premises Rent Tribunal
Case Action:
Ruling
Judge(s):
MBICHI MBOROKI CHAIRMAN
Citation:
Director Kenya African National Union (Kanu) v Elizabeth Nyambura & 3 others [2020] eKLR
Court Division:
Tribunal
Parties Profile:
Individual/Private Body/Association v Individual/Private Body/Association
County:
Nyeri
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO. 49, 50 AND 51 OF 2018 (NYERI)
DIRECTOR KENYA AFRICAN NATIONAL UNION (KANU)…………………..LANDLORD
VERSUS
ELIZABETH NYAMBURA……………….…….………………………………………….TENANT
MOFFAT MUYA…………………………………………………………………………….TENANT
TIMOTHY BUNDI………………………………………………………………………….TENANT
RULING
The Landlord/Respondent in the above reference served the Tenant with notices to increase rent as hereunder;
1. Tenant in
BPRT 49/2018
(Elizabeth Nyambura) from
shs 7,000
to
shs 18,000/-
2. Tenant in
BPRT 50/2018
(Moffat Muya) from
shs 10,000
to
shs 33,000/-.
3. Tenant in
BPRT 51/2018
(Timothy Bundi) from
shs 10,000
to
shs 33,000/-.
The Landlord’s notices are dated 9
th
May 2018 and were to take effect on 1
st
September 2018. The Tenants did not wish to comply with the notices and filed the reference in the Tribunal under
section 6 of Cap 301.
The mandate of the Tribunal now is to assess the open market rent in respect of the suit premises taking into account the valuation reports filed by the parties.
Summary of the Landlord & Valuation Report
The Landlord’s valuation report has been prepared by
Probity Valuation Ltd
. The report is dated
9
th
October 2018
.
Situate: The suit premises is at Nanyuki Town Centre. Suit premises erected on the suit premises is a partly double single story commercial building comprising of shops and hotel space. Lettable area is at page 6 of the report.
Comparables;
The Landlord’s valuation report has 4 comparables in respect of ground floor premises and 3 comparables in respect of 1
st
floor premises.
The Landlord’s valuer recommends rate of shs 110 per square feet in respect of ground floor premises and rate of
shs 80/-
per square feet in respect of Nyama Choma Village Hotel because of the large lettable area.
The recommended rent payable is at page 11 of the report.
Summary of the Tenant’s Valuers Valuation Report
The Tenant’s Valuers report has been prepared by
Rwingo Valuers.
The valuation report is dated
11
th
January 2019
.
Situate:
The property is situated within the Central Business District (CBD) of Nanyuki Town. The lettable area in respect of the suit premises is at page 5 of the Tenant’s valuation report.
Comparables:
The Tenant’s valuation report has 3 comparables and recommends the rate of shs 28 per square feet for the shop.
Evaluation of the Reports;
The Tribunal upon consideration of the valuation reports of the parties and taking into account the disparity of the recommendations of the valuations makes the following orders;
1. The above reference shall be heard at Nyeri on
9
th
December 2019
at Nyeri Law Courts.
2. The valuers of the parties shall attend the Tribunal for examination and cross-examination ie the integrity of their valuation.
3. Costs in the cause.
Ruling
delivered on this
4
th
day of
October 2019
in the presence of a representative of the Landlord
Rose Mwangi.
Tenant’s advocate absent.
MBICHI MBOROKI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL