, NAIROBI, Kenya, Apr 29 – The Business Premises Rent Tribunal has blocked a businessman from evicting exhibitors from his building along Taveta Road until a case against him is heard.
AL Noor Exhibition Limited had been taken to the tribunal by 14 tenants for issuing what the tenants termed as ‘illegal notices” that threatened to terminate their tenancy without due regard to the law.
The traders had argued that the landlord had collected substantial amounts of goodwill ranging from Sh200,000 to Sh500,000 in the in the promise that the tenants will get leases but failed to honor his promise.
In her order the tribunal’s Chairperson Dianna Mochache who certified the matter as urgent has held back the landlord and his agents from harassing, closing or intimidating the tenants.
“The landlord either by his servants and / or agents is restrained and prohibited from harassing, closing, interfering intimidating or in any manner whatsoever from interfering with the tenants’ quiet possession of stalls pending the hearing on 28/2/2013,” she ordered.
She has ordered the Central Police Station chief to ensure that peace prevails.
In the suit filed through lawyer Rose Mbanya, the tenants reiterated that they did not have any rent arrears and that they relied on the businesses for the upkeep of their families. They maintained that the landlord would prejudice their livelihood if he proceeded to evict them.
In an affidavit sworn by one of the tenant’s John Kinyanjui Muchiri, they argued that the tenancies are controlled as they had no lease agreement in regards to the tenancy of the business premises.
“Unless retrained by this Honourable Court the landlord may carry out the threat of evicting the tenants by May 31 which is thoroughly prejudicial to the tenants as they have taken loans based on the promise of the lease and the current threats are destabilising their businesses, he said in the affidavit.
He says that the landlord has remained adamant that he will not grant the leases as promised despite the many meetings between them.