Kirinyaga Governor Anne Waiguru is facing auctioning and eviction from her upmarket Kitisuru home in Nairobi. This follows a rent demand of Sh. 44.5 million which the governor has failed to pay.
According to a report that appeared in a local daily, Waiguru has sought court protection from property developer Kihingo Village Ltd. Apparently, the governor and the developer had entered into a sale deal five years ago which never sailed through. Now, the developer has asked the governor to pay the millions of shillings or vacate the Sh. 80 million house.
“Waiguru says that she paid Sh. 40 million in cash for the property and had an agreement with KCB Group to offer an additional Sh. 40 million as mortgage. The mortgage agreement was not completed,” says the report that appeared in the Business Daily on Wednesday.
The report adds that Kihingo Village has denied receiving payment from Ms Waiguru, calling the governor a tenant and not the owner. It has then demanded that the governor pay rent for the five years she has been residing in the home or risk asset seizure by Chardor Auctioneers.
“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,” Waiguru told the court through her lawyer Waweru Gatonye. “Further, the orders will embolden the defendants (Kihingo Village Ltd) to demand for rent which as stated above is unwarranted and untenable in law.”
In the case, Justice Elijah Obaga issued temporary orders stopping Kihingo from evicting and auctioning Waiguru.
The report in the Business Daily says that court documents show that Waiguru approached KCB on January 22, 2016 for a loan of Sh. 40 million and charged the property to the bank. Waiguru now blames the property developer for delaying the KCB mortgage deal.
“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 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 Kitisuru Home