REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7^TH & 8^TH FLOOR

TRIBUNAL CASE NO. E035 OF 2021 (NAKURU)

LILIAN WAMBUI WAIGWA..........................................................TENANT/APPLICANT

VERSUS

JUDY JEPCHIRCHIR TOWETT................................LANDLORD/1^ST RESPONDENT

PETROCELLI LINA CHEPKEMOI AND                                                                          

ALLEXIE CHEBET TOWETT...................................LANDLORD/2^ND RESPONDENT

RULING

1.  The 2^nd Respondent’s notice of motion dated 18^th May 2021 seeks review of the orders issued on 27^th April 2021 requiring the Tenant to continue paying rent for the suit premises as usual to the Landlady/1^st Respondent pending the hearing and determination of the application dated 21^st April 2021.  It also seeks an order that all the rent for the suit premises be deposited at the Tribunal pending the hearing and determination of the main cause longed by the Tenant herein.

2.  The application is supported by the affidavit of Alexie Chebet Towett.  I have read the same.  I have also read the application by the Tenant dated 21^st April 2021.

3.  I also note that the main contention in this dispute is as to who the Landlord to the Tenant is and where the rent should be deposited.  The Tenant’s application dated 21^st April 2021 has not been heard and concluded.  No final orders have issued in the said application.  If the Tribunal were to vary the orders issued by Hon Chege on 27^th April 2021, it would not have dealt with the substance of the Tenant’s application.

4.   I do also note that the 2^nd Respondent has sought to have the rent payable by the Tenant over the suit premises deposited with the Tribunal.

5.   The application by both parties are therefore intertwined and determining the 2^nd Respondent’s application in isolation will have far reaching effects on the Tenant’s application.

6.   The best direction that the applications ought to take in the premises is one where both applications are heard and determined at the same time.

7.  Consequently, I will order that the application dated 21^st April 2021 and the one dated 18^th May 2021 will be heard together and a determination thereof made at the same time.  Counsel for the parties are ordered to file their respective submissions in both applications within the next fourteen days of this ruling.

8.   All previous directions in this matter are varied to that extent.  The interim orders in place will remain in force.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON CYPRIAN MUGAMBI NGUTHARI THIS 6TH DAY OF JANUARY, 2022 IN THE PRESENCE OF MISS WAIRIMU FOR THE TENANT AND IN THE ABSENCE OF THE OTHER PARTIES.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL