1. I have before me two suits which were consolidated and this judgment covers both cases. The first suit was commenced by Kisii Chemist Limited against Jackson Masega Nyamongo T/A Balozi Hotel. This suit was initially filed in the Chief Magistrates’ Court Kisii as Kisii CMCC No. E308 of 2023. It was transferred to this court and registered as Kisii ELC No.6 of 2024. The second suit is that filed by Jackson Masega Nyamongo T/A Balozi Hotel. It is the case Kisii ELCC No. E001 of 2023. It was filed against Kisii Hotel Limited and Josephat Nyachoti T/A Minmax Auctioneers.
2. The plaint by Kisii Chemist Limited was filed on 2 May 2023, seeking to be paid rent arrears of Kshs. 7,188,934/= plus interest and mesne profits. A defence to this claim was filed on 17 June 2025, which was on the eve of the hearing which proceeded on 18 June 2025. As far as I can see the defence is a general denial that the sum of Kshs. 7,188,934/= is owed.
3. The plaint by Jackson Masega Nyamongo was filed on 2 February 2023. In it he complained of illegal distress and sought a declaration that the purported distress was illegal, mandatory injunction for return of his goods, permanent injunction to stop further distress, exemplary and general damages for unlawful eviction, interest and costs. He pleaded that on 27 January 2023, the landlord used some people, who had pretended to book his hotel rooms, to evict him by removing his goods and taking them away to an unknown destination. He also contended that some of his motor-vehicles were proclaimed. The defence filed denies the allegations of the plaintiff and it is reiterated that the plaintiff owes Kshs. 7,188,934/=.
4. In this judgment, and only for ease of reference where the context allows, I will generally refer to Kisii Chemist Limited as the plaintiff and Jackson Masega Nyamongo as the defendant.
5. On the hearing date, counsel for the defendant applied for adjournment, which I declined, and neither himself nor his client attended court at the time appointed for the hearing. Hearing thus proceeded in absence of the defendant. Mr. Zablon Orenge Magara, a director of the plaintiff testified. He averred that the defendant was the tenant of the plaintiff but he was continuously in rent arrears thus the claim of Kshs. 7,188,934/=. Among his exhibits was a receipt dated 11 January 2023 for Kshs. 341,000/= and that receipt indicates rent arrears at that time of Kshs. 7,144,934/=. I have no reason to doubt this and the defendant did not come to court to elaborate his defence that he is not in rent arrears. It was said that the defendant was evicted in the same month. I am not therefore sure why it is the amount of Kshs. 7,188,934/= which is being claimed and not Kshs. 7,144,934/= plus the rent for January 2023. On my part, I will enter judgment for the sum of Kshs. 7,144,934/= which is what is shown in the receipt for 11 January 2023.
6. On the case of Jackson Masega Nyamongo, it is unproven as he failed to tender any evidence. That case is dismissed.
7. Thus in a nutshell the consolidated judgment is as follows :
(1) That in respect of the suit Kisii ELC No. 6 of 2024, judgment is hereby entered in favour of Kisii Chemist Limited against Jackson Masega Nyamongo T/A Balozi Hotel for rent arrears of Kshs. 7,144,934/= plus interest at court rates from the time of filing suit till payment in full. Kisii Chemist Limited will also have costs of this suit against Jackson Masega Nyamongo T/A Balozi Hotel. The costs to accrue interest from the date of this judgment till settlement in full.
(2) That in respect of the suit Kisii ELC No. E001 of 2023, the claim by Jackson Masega Nyamongo T/A Balozi Hotel is hereby dismissed with costs to Kisii Chemist Limited. Interest on costs to accrue from the date of this judgment till payment in full.
8. Judgment accordingly.
DATED AND DELIVERED THIS 16 DAY OF JULY 2025
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII
Delivered in the presence of :
Mr. Mainga for Kisii Chemist Limited
N/A on part of Jackson Masega Nyamongo T/A Balozi Hotel
N/A on part of Josphat Nyachoti T/A Minmax Auctioneer