JACINTA NJERU KAITHA V. DAVID K. KANYIRI

JUDGMENT OF THE COURT

Introduction and Background

The appellant Jacinta Njeru Kaitha was a tenant of the respondent on premises described as No. BPS No. 39, a commercial business place within Embu Bus Park from where she operated a cereals shop known as Elimu Enterprise. By virtue of this, she deemed herself a lawful tenant in terms of the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 Laws of Kenya.

The respondent threatened her with eviction prompting her to move to the Business Premises Rent Tribunal (BPRT) and file Tribunals case No. 38/2013- Embu. Exparte orders were granted in the first instance in favour of the appellant on the 15^th day of April, 2013, restraining and prohibiting the Landlord either by himself, his servants and or agents from evicting the tenant pending the hearing of the complaint at Embu Rent Restriction Hall; the O.C.S. Embu police station to ensure that peace and tranquility was maintained and an attendant order t…