Kirinyaga Governor Anne Waiguru is facing eviction from her Kitisuru home in Nairobi over a Ksh44.5 million rent.
This after the alleged owner of the property, Kihingo Village Ltd, wrote to the governor demanding her to pay the rent arrears that have accumulated to millions of shillings or vacate the property.
Through Gichuki King’ara & Co. Advocates, the company threatened to evict and auction her, saying she cannot stay in the house for free, yet she does not own it.
“Your client has unlawfully stayed for the last four years and 6 months in our client’s premises without payment of rent and completing whatever other transactions that she has failed to disclose to us through documentation,” Gichuki King’ara & Co. Advocates said in a letter to Waiguru’s lawyers.
However, Waiguru has moved to court seeking to prevent the property developer from evicting her from the Ksh80 million house.
The governor told the court that she bought the property in September 2015 and paid Ksh40 million in cash for the property and had an agreement with KCB Group to offer an additional Ksh40 million as mortgage.
But Kihingo Village Ltd has denied selling the house and receiving any payment from Waiguru and therefore treated the governor as a tenant and not the owner.
The real estate company has also threatened to auction Waiguru’s properties should she fail to pay rent for the five years she has been residing in the home.
“The applicant is apprehensive that unless the orders sought herein are granted, the consequences of the eviction will be dire as the suit property is her residential home where she resides with her family. The damage will be irreparable.”
“Further, the orders will embolden the defendants (Kihingo Village Ltd) to demand for rent which as stated above is unwarranted and untenable in law,” Waiguru’s lawyer, Waweru Gatonye, told the court.
Waiguru wants the court to issue permanent orders restraining Kihingo Village from demanding rent, arguing that she was the purchaser of the property and not a tenant.
In his ruling, Justice Elijah Obaga issued temporary orders against the eviction, but asked the parties to settle the rent dispute among themselves.
The governor noted that the property developer could take advantage of the advice by the judge to settle the rent row out of court to evict her from the property.
She accused Kihingo Village of wanting to portray her as a person who does not pay rent and with no integrity and reputation.
“Noting her status as the Governor of Kirinyaga County, such an unlawful and unwarranted action of evicting her will no doubt cast aspersion as to her reputation,” she said.
Waiguru stated that she purchased the property from Kihingo Village through an agreement dated September 25, 2015 for Ksh80 million.
She said that the developer allowed her to move in before completing the transaction and that she paid Ksh40 million in cash after signing the deal.
Court documents show that Governor Waiguru approached KCB bank on January 22, 2016 for a mortgage loan of Ksh40 million and charged the property to the bank.
“The delay in completion of the said agreement has been occasioned by the respondents who have failed to deliver the completion documents to enable the bank to register a charge against it before releasing the balance of the purchase price,” said Ms Waiguru in court documents.
“… I am not a tenant in the suit property but a purchaser who has so far paid half the purchase price in line with the provisions of the lease agreement dated 25th September 2015.” Waiguru added.