REPUBLIC OF KENYA

IN THE BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO OF 2021

HUMPHREY OCHAMI.……………………………………..………TENANT /APPLICANT

-VERSUS-
PAULINE WACHERA NJOROGE……………………..….....LANDLORD/RESPONDENT

CERTIFICATE OF URGENCY

I, OTIENO CHRIS, of P.O. Box 75073-00200 and an Advocate of the High Court of Kenya do
hereby certify that the Application filed herewith is of utmost urgency and should be heard
forthwith or at the earliest opportune moment possible for the following reasons;-

1) THAT the Landlord / Respondent has threatened to evict and demonstrated such
intention and/or intimidated the applicant who is a tenant of the suit premise L.R. NO.
BL82/6201, Square One Building, shop No.5 situated at Donholm Phase 5 by issuing a
one month’s notice to vacate pursuant thereto.
2) THAT the applicant has been a tenant thereat for the last eleven (11) years and has
always diligently adhered to the terms and conditions of the Tenancy agreement in full to
date.
3) THAT the reason for said eviction is not provided for, accommodated or embraced as per
the stipulation of section 7 of the Landlord and Tenant (shops, hotels and catering
establishments) Act.
4) THAT the notice to vacate is in relation to a premise known as LR NO.110/6201 which
is unknown to the Applicant.
5) THAT the applicant and his staff stand to suffer irreparable loss and damage unless the
Respondent/ Landlord is restrained by lawful Orders of this Court.

DATED at NAIROBI this……………………day of ……………….……………...……….2021

OTIENO ARUM & COMPANY

ADVOCATES FOR THE TENANT/ APPLICANT

DRAWN & FILED BY TO BE SERVED UPON:-

OTIENO ARUM & CO ADVOCATES, PAULINE WACHERA NJOROGE
KENYA HOUSE, 2ND FLOOR, S28 PO BOX 16688-00620
MONROVIA STREET NAIROBI
P.O.BOX 75073-00200
NAIROBI

REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO OF 2021

HUMPHREY OCHAMI.……………………………………..………TENANT /APPLICANT

-VERSUS-
PAULINE WACHERA NJOROGE……………………..….....LANDLORD/RESPONDENT

NOTICE OF MOTION
(Under Section 4(1), 4(2), 4(4), 4(5), 6, 7, 9, 12(1) (g), 12(1) (m) and 12(4) of the Landlord and the
Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 of Kenya and all enabling
Provisions of the Law.

TAKE NOTICE THAT this Tribunal shall be moved on the ………………………..day

of………………………….2021 at 9:00 O’ clock in the forenoon or so soon thereafter for the counsel for
the Tenant/Applicant may be heard for ORDERS:-

1. THAT this application be certified as urgent and service be dispensed with in the first instance
and the same be heard ex-parte by reason of its urgency.

2. THAT a temporary injunction do issue against the Respondents, their employees, servants,
agents and/or any person purporting to act under them in that behalf from dispossessing evicting,
removing, intimidating or interfering in any way with the peaceful and quiet enjoyment of the
Applicant‘s possession of premise known as L.R. NO. BL82/6201, Square One Building shop
No.5 situated at Donholm Phase 5 pending the hearing and determination of this application.

3. THAT a temporary injunction do issue against the Respondents, their employees, servants,
agents and/or any person purporting to act under them in that behalf from dispossessing evicting,
removing, intimidating or interfering in any way with the peaceful and quiet enjoyment of the
Applicant‘s possession of premise known as L.R. NO. BL82/6201, Square One Building shop
No.5 situated at Donholm Phase 5 pending the hearing and determination of this suit.

4. THAT a temporary injunction do further issue against the respondents from letting out or
entering upon the suit premises firstly to cause annoyance to the applicant or any member of its
staff and/or employees/tenants during the pendency of this application.

5. THAT the Respondents be restrained from taking rent and/or hold levying distress in respect of
the suit property pending the hearing and determination of this application.

6. THAT the Respondents be restrained from taking rent and/or hold levying distress in respect of
the suit property pending the hearing and determination of this suit.

7. THAT the O.C.S Nairobi BURUBURU POLICE STATION and by extension Caltex police
post do enforce compliance of the orders.

8. THAT a penal notice do issue against the Respondent.

 9. THAT the cost of this application be provided for.

WHICH APPLICATION is based on the annexed affidavit of HUMPHREY OCHAMI and on the
following grounds inter alia to be heard at the hearing hereof.

1. THAT the Applicant is the tenant of L.R. NO. BL82/6201, shop No.5 situated at Donholm
Phase 5 pursuant to a tenancy agreement.

2. THAT the Applicant has at all material times been effecting payments of rent promptly to the
Respondents.

3. THAT the Landlord/Respondent has purported to continuously harass, intimidate and /or
threaten the Applicant to vacate the suit premises without preferring the proper statutory
notice and without any justifiable cause.

4. THAT the respondent has since issued a notice to vacate in relation to that premises known
as LR110/6201 which is unknown to the Applicant.

5. THAT the Landlord/ Respondent has no colour of right or propriety rights of evicting the
tenant without giving the tenant enough time to look for another alternative place to move to
which is alienating the tenant’s natural Justice, and or causing disturbance on the peaceful
stay of the tenant which contributes to harassment, intimidation and / or a threat to the tenant,
punishable in a Court of Law.

6. THAT the Respondent has threatened and demanded that if the Applicant does not vacate
then she shall evict him forcefully from the suit premise.

7. THAT the actions of the Respondents against the Tenant / Applicant are unlawful.

8. THAT the applicant indeed has a meritorious case.

9. THAT the applicant shall be dispossessed of the suit premises and stand to suffer loss and
damage unless this application is heard forthwith and the restraining orders hereof issued.

DATED at NAIROBI this……………………day of ……………….………………….…………….2021

OTIENO ARUM & COMPANY

ADVOCATES FOR THE TENANT APPLICANT

DRAWN & FILED BY TO BE SERVED UPON:-

OTIENO ARUM & CO ADVOCATES, PAULINE WACHERA NJOROGE
KENYA HOUSE, 2ND FLOOR, S28 PO BOX 16688-00620
MONROVIA STREET NAIROBI
P.O.BOX 75073-00200
NAIROBI
 REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO OF 2021

HUMPHREY OCHAMI.……………………………………..………TENANT /APPLICANT

-VERSUS-
PAULINE WACHERA NJOROGE……………………..….....LANDLORD/RESPONDENT

SUPPORTING AFFIDAVIT
I, HUMPHREY OCHAMI of c/o P.o Box 75073-00200 Nairobi within the Republic of Kenya do
make oath and state as follows:-
1. THAT I am the tenant/Applicant herein in , L.R. NO. BL82/6201, Square One Building shop
No.5 situated at Donholm Phase 5 Nairobi , well conversant with the facts of this matter and
hence competent to swear this affidavit.

2. THAT I rented the business premises from the Landlord vide a lease agreement and executed by
both parties on or around the year 2010 regarding the demised premises, signed copy whereof has
never been returned to me by the previous management and shall at the opportune time pray that
the Respondent be compelled to avail the same to this honorable court.

3. THAT the Agreement contains the mode of payment of rent to be paid monthly and I have been
keen to adhere to the terms enumerated thereto. (Annexed hereto and marked “MO-1” are
copies of latest payment receipts.)

4. THAT the business’s name is “ ARCADE LINK” and it specializes on business of providing
inter alia internet services, I.T, photocopying, printing, lamination, web designing and sell of
accessories and in relation thereto. (Annexed hereto and marked “MO-2” is a copy of business
permit)

5. THAT my business has operated in the said suit property as above pursuant to the lease agreement
since then and has over the years steadily grown and amassed a huge customer base within the
area

6. THAT I have employees who shall be rendered jobless since the business stands to be paralyzed
without alternative accommodation or premises.

7. THAT the Respondent intends, has threatened and/or demonstrated to evict all the tenants
including myself from the suit property purporting to have sold the whole building comprising of
eight (8) business premises and twenty four (24) rental houses by giving written notices dated
28th June 2021 (Annexed hereto and marked “MO-3” is a copy of said notice with reference
to another premise known as LR110/6201.)

8. THAT efforts to have the Respondent provide us with proof of said sale or an introduction to the
alleged new owner for purposes of striking out a possible new Tenancy relation therewith have
been futile and hence we can only conclude that the Respondent is being malicious and
conservative with the truth compounded with the fact that over the years attempts have been made
to harass the tenants thereat without any proper cause by claiming unjustifiable ‘arrears’ through
 her lawyer and irregular increments of rent (Annexed hereto and marked “MO-4’’ are copies
in support thereof)

9. THAT the foretasted harassment in particular alleged unspecified and unparticularized ‘arrears’
was brought to our advocates attention herein who proceeded to reply to the Respondent’s lawyer
on the 15th October 2019 requesting for specifics as to how the same was arrived at but there has
never been any response thereto to date and the claims have never been made again against any
tenant hence raising immense suspicion as to the Respondent’s intentions.(Annexed hereto and
marked “KK-5” is a copy of said response from our lawyer)

10. THAT the Respondent’s malicious intentions of causing damage and loss to the
Applicant/Tenant and staff are apparent, unjustified, malicious, unlawful and indeed
uncalled for.

11. THAT am advised by my lawyers on record, which advice I verily believe to be true that
the Respondent’s ground to issue a notice to vacate is not provided for, accommodated or
embraced as per the stipulations of section 7 of the Landlord and Tenant (shops, hotels
and catering establishments) Act and is in clear contravention of all the other sections of
the law on the face of the Application.

12. THAT unless an injunction is urgently issued by the court to stop any threats, intimidation,
harassment and occupation in respect of the said premises am likely to be permanently
dispossessed of the said premises with undue disregard to procedure.

13. THAT I have filed this Application against the Defendant/Respondent herein for the court to
determine the real question in the issue.

14. THAT I swear this affidavit in support of the Application and that what is stated herein is true to
the best of my knowledge, information and belief save where the sources therefore have been
disclosed.

SWORN at NAIROBI by said ]

]
HUMPHREY OCHAMI ] ________________
] DEPONENT

This ……………...day of ……………… ……2021 ]

]
]
BEFORE ME ]
COMMISSIONER OF OATHS ]

DRAWN & FILED BY

OTIENO ARUM & CO ADVOCATES,
KENYA HOUSE, 2ND FLOOR, S28
MONROVIA STREET
P.O.BOX 75073-00200
NAIROBI

REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO OF 2021

HUMPHREY OCHAMI.……………………………………..………TENANT /APPLICANT

-VERSUS-
PAULINE WACHERA NJOROGE……………………..….....LANDLORD/RESPONDENT

PLAINT

1. The Tenant is a male adult of sound mind working for gain and residing within the
Republic of Kenya. His address for service for the purposes of this suit shall be care of
OTIENO ARUM & CO. ADVOCATES, KENYA HOUSE COMPLEX, MONROVIA
STREET, 2nd FLR, Door S28 P.O BOX 75073 – 00200 NAIROBI.

2. That the Respondent is a female adult of sound mind residing and/or working for gain in
Nairobi within the Republic of Kenya (service of summons upon whom shall be
effected through the Applicant’s Advocates office.)

3. At all material times relevant to this suit, the Tenant is and/or has been the lawful tenant
of the Defendant at L.R. NO. BL82/6201, Square One Building shop No.5 situated at
Donholm Phase 5 Nairobi.

4. That on or about the year 2010, the tenant vide a lease agreement with the Defendant
occupied the Defendant’s premise and operated thereat a cyber business known as
“ARCADE LINK” to date.

5. That the tenant through the years has promptly paid rent thereat when falling due, is not
in any arrears and has endeavored to meet all terms and conditions as stipulated in the
said lease agreement.

6. That on the 28th June 2021 the defendant purported to issue a notice to vacate instructing
the Tenant to give vacant possession of the demised premises within one (1) month
without any proper statutory reasons.

7. By reasons of the aforesaid, the Tenant avers and states that he and his staff shall suffer
loss and damage unless the defendant is restrained.

8. That the Defendants is in breach of the provisions of the lease agreement and more
particularly the tenure of the tenancy and relevant provisions of the Law thereof.
 9. Demand and notice of intention to sue has been given but the Tenant avers that the
Defendant has adamantly refused to settle the matter with him.

10. The cause of action arose within the Jurisdiction of this Honorable Court.

REASONS WHEREFORE the Tenant jointly prays for Judgment against the Defendant for:-

i. An Order/Declaration that the purported intended eviction is null and void and of no legal
consequence.

ii. An Order/Declaration that the notice to vacate in reference to that premises known as
LR110/6201 is untenable and has no legal basis as the Tenant is a stranger thereto.

iii. A permanent injunction restraining the Defendant from forcefully breaking into,
confiscating, locking, ejecting, interfering, removing, disposing and / or repossessing of
the suit premise more particularly L.R. NO. BL82/6201, Square One Building shop No.5
situated at Donholm Phase 5 until such further Orders of the tribunal.

iv. Costs of the suit.

v. Interest on (iii) above.

vi. Such further or other Orders that may be deemed fit and just in the circumstances.

DATED at NAIROBI this……………………day of ……………….…………………….2021

OTIENO ARUM & COMPANY

ADVOCATES FOR THE TENANT APPLICANT

DRAWN & FILED BY TO BE SERVED UPON:-

OTIENO ARUM & CO ADVOCATES, PAULINE WACHERA NJOROGE
KENYA HOUSE, 2ND FLOOR, S28 PO BOX 16688-00620
MONROVIA STREET NAIROBI
P.O.BOX 75073-00200
NAIROBI
 REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO OF 2021

HUMPHREY OCHAMI.……………………………………..………TENANT /APPLICANT

-VERSUS-
PAULINE WACHERA NJOROGE……………………..….....LANDLORD/RESPONDENT

VERIFYING AFFIDAVIT
I, HUMPHREY OCHAMI of c/o P.O Box 75073 – 00200 Nairobi within the Republic of Kenya
Nairobi do hereby make oath and solemnly declare as follows;

1) THAT I am a male adult of sound mind and disposition conversant with facts herein hence
competent to swear this affidavit.

2) THAT I have read the averments contained in the Plaint drawn and filed on my behalf by M/s
OTIENO ARUM & CO. ADVOCATES have been read and explained to me and I duly verify the
correctness of the averments contained therein.

3) THAT I further confirm that there has been no previous proceedings nor is there a pending suit
between the parties herein in any other court over the same subject matter.

4) THAT the above facts are true to the best of my knowledge, information and belief.

SWORN at NAIROBI by said ]

]
HUMPHREY OCHAMI ]______________________
] DEPONENT
This …………....day of ………………2021 ]

]
BEFORE ME ]
COMMISSIONER OF OATHS

DRAWN & FILED BY

OTIENO ARUM & CO ADVOCATES,
KENYA HOUSE, 2ND FLOOR, S28
MONROVIA STREET
P.O.BOX 75073-00200
NAIROBI

REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO OF 2021

HUMPHREY OCHAMI.……………………………………..………TENANT /APPLICANT

-VERSUS-
PAULINE WACHERA NJOROGE……………………..….....LANDLORD/RESPONDENT

TENANT’S LIST OF WITNESSES

1. Humphrey Ochami
2. Kinuthia Karanja
3. Sylvester Khamasi
4. Robinson Chacha
5. Any other to be adduced with leave of the court at the hearing hereof.

DATED at NAIROBI this……………………day of ……………….………………………2021

OTIENO ARUM & COMPANY

ADVOCATES FOR THE TENANT/APPLICANT

DRAWN & FILED BY TO BE SERVED UPON:-

OTIENO ARUM & CO ADVOCATES, PAULINE WACHERA NJOROGE
KENYA HOUSE, 2ND FLOOR, S28 PO BOX 16688-00620
MONROVIA STREET NAIROBI
P.O.BOX 75073-00200
NAIROBI
 REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO OF 2021

HUMPHREY OCHAMI.……………………………………..………TENANT /APPLICANT

-VERSUS-
PAULINE WACHERA NJOROGE……………………..….....LANDLORD/RESPONDENT

TENANT’S LIST OF DOCUMENTS

1) Notice to Vacate in reference to LR NO.110/6201 dated 28th June 2021

2) Copy of Business Permit
3) Latest Rent payment receipts.
4) Renovation cost receipts.
5) Rent increment notice dated 9th November 2018.
6) Defendant’s lawyer’s demand letter dated 1st October 2019.

DATED at NAIROBI this……………………day of ……………….…………………….2021

OTIENO ARUM & COMPANY

ADVOCATES FOR THE TENANT/APPLICANT

DRAWN & FILED BY TO BE SERVED UPON:-

OTIENO ARUM & CO ADVOCATES, PAULINE WACHERA NJOROGE
KENYA HOUSE, 2ND FLOOR, S28 PO BOX 16688-00620
MONROVIA STREET NAIROBI
P.O.BOX 75073-00200
NAIROBI
 REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO OF 2021

HUMPHREY OCHAMI.……………………………………..………TENANT /APPLICANT

-VERSUS-
PAULINE WACHERA NJOROGE……………………..….....LANDLORD/RESPONDENT

WITNESS STATEMENT OF HUMPHREY OCHAMI

I, HUMPHREY OCHAMI a male adult of c/o P.O Box Number 75073-00200 Nairobi DO HEREBY
MAKE OATH and state as follows:

That I entered the suit property on or around the year 2010 wherein we did execute a lease agreement
with the Landlord.

That I have carried out my business thereat until sometime on the 28th June 2021 when she gave me and
all the other tenants in the building a one month’s notice to vacate the suit property referred to as LR
NO.110/6201.

That I have been paying rent promptly and I don’t have any pending arrears in relation thereto and as per
our lease agreement the demised premises was LR NO.82/6201 Donholm Phase 5 shop no.5 and not LR
NO.110/6201.

That the reason for the intended eviction as ventilated in the subject Notice to vacate was that she has
since sold the building to an unnamed party.

That efforts to have the Respondent provide us with proof of said sale or an introduction to the alleged
new owner for purposes of striking out a possible new Tenancy relation therewith have been futile and
hence we can only conclude that the Respondent is being malicious and conservative with the truth
compounded with the fact that over the years attempts have been made to harass the tenants thereat
without any proper cause by claiming unjustifiable ‘arrears’ through her lawyer and irregular increments
of rent

That the forestated harassment in particular alleged unspecified and unparticularized ‘arrears’ was
brought to our advocates attention herein who proceeded to reply to the Respondent’s lawyer on the 15th
October 2019 requesting for specifics as to how the same was arrived at but there has never been any
response thereto to date and the claims have never been made again against any tenant hence raising
immense suspicion as to the Respondent’s intentions
That I am rightfully apprehensive that the main reason for wanting to evict all the tenants therefrom is so
that she may increase the rent unreasonably owing to the fact that many foreigners especially of Somali
origin have since moved into the adjoining buildings where they are paying much higher rent without
questions and she knows that we may not acquiesce to the same without protest.

That the Defendant’s bad intentions of causing damage and loss to me and my staff are uncalled for since
I have carried out extensive renovations on the suit premises L.R NO. 82/6201 Donholm Phase 5 shop
no.5 with her consent to suit my expanding business.

That the Defendant is in breach of the provisions of the lease agreement and more particularly the tenure
of the tenancy and relevant provisions of the Law thereof hence the filing of this Application and suit.

That is all I wish to state.

Dated at Nairobi this ………………………… day of ………………..……….…..…..……..………

2021

_____________________
HUMPHREY OCHAMI

DRAWN & FILED BY TO BE SERVED UPON:-

OTIENO ARUM & CO ADVOCATES, PAULINE WACHERA NJOROGE
KENYA HOUSE, 2ND FLOOR, S28 PO BOX 16688-00620
MONROVIA STREET NAIROBI
P.O.BOX 75073-00200
NAIROBI
 REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO E342 OF 2021

HUMPHREY OCHAMI.……………………………………..………TENANT /APPLICANT

-VERSUS-
PAULINE WACHERA NJOROGE……………………..….....LANDLORD/RESPONDENT

AFFIDAVIT OF SERVICE

I, OTIENO CHRIS, of P.O. Box 75073-00200 and an Advocate of the High Court of Kenya do
make oath and state as follows:

1. THAT on the 31st July 2021 I attempted to trace the Respondent’s physical address for
purposes of serving the application dated 20th July 2021 and subsequent order in relation
hereto dated 30th July 2021.
2. THAT my efforts were frustrated as the Applicant herein had never met the Respondent
as he has all along dealt with the respondent’s property managers namely Josmo
Consults Ltd hence her whereabouts were not within his knowledge.
3. THAT I therefore informed the said property managers of the suit and they acquiesced to
my service of the same via their Email address Josmoconsultsltd20@gmail.com
4. THAT I duly forwarded the said Application and order to the availed Email address.
5. THAT what is deposed to herein is true to the best of my knowledge, information and
belief Save for where otherwise the sources have been stated.

SWORN at NAIROBI
By the said ]    
]
OTIENO ANTONY CHRIS
  …………………
This…………..day of …………………..…….2021 ] DEPONENT
]

BEFORE ME ]
]
]

COMMISSIONERS FOR OATHS ]

DRAWN & FILED BY:

OTIENO ARUM & COMPANY
ADVOCATES,
KENYA HOUSE, 2ND FLOOR, S28
MONROVIA STREET
P.O. BOX 75073-00200,
NAIROBI.