END OF DILLY-DALLYING

City manager tells off rent demo organisers, says Kisumu eviction lawful

Tenant's bid to stop the eviction from his Milimani house over Sh5.4 million arrears stopped by court

In Summary

• Acting Kisumu city manager Abala Wanga maintained that good service delivery is non-negotiable and urged every person to be individually responsible.

• He said tenants who had been given the notice to vacate owe the county rent arrears running into millions of shillings.

 

Erick Okeyo's former house in Militimani estate. The county government wants to build the official residence of the assembly's speaker at the site.
DEMOLISHED: Erick Okeyo's former house in Militimani estate. The county government wants to build the official residence of the assembly's speaker at the site.
Image: MAURICE ALAL

 

The Kisumu county government has told off those organising demonstrations against the eviction of a tenant with a total of Sh5.4 million rent arrears.

The devolved unit said it will continue discharging its mandate without fear or favour to ensure Kisumu becomes the "greatest city in East and Central Africa".

 

“We condemn those trying to organise unnecessary demonstrations and rants through social, print, and electronic media,” acting city manager Abala Wanga said.

Wanga said they will also recover all arrears from tenants. “Everyone must obey the law irrespective of their positions in society.” 

He stressed that good service delivery is non-negotiable and urged every person to be individually responsible.

The official was reacting to complaints by tenant Erick Okeyo that his eviction and demolition of House No 11/43 he had occupied since 2005 was irregular and unlawful.

He said Okeyo was one of the tenants given notice to vacate over rent arrears running into millions of shillings.

Okeyo denied the Sh5.4 million rent arrears claim and insisted that he had spent Sh6.5 million to renovate the Milimani estate house.

The notice of eviction was signed by Wanga and dated October 8. "Failure to comply will lead to forced eviction and any damages incurred at your expense without any further reference to you,” stated the notice.

 

According to Okeyo, the notice was malicious and ill-intended. “I got approval from the city engineer to make Sh6.5 million renovations," he claimed.

The county demolished the house last week to pave the way for the construction of county assembly speaker’s official residence.

Wanga said they have been pursuing Okeyo to pay the arrears and the cost of a lawsuit he had filed against the county government.

He said they had exhausted all options, including the court process, before evicting the complainant. His rent arrears stood at Sh2,470,000 as of June 2, 2016.

“Attempts to recover the house at the time did not succeed after the Okeyo secured several court injunctions.

“...we obeyed all court injunctions but did file a countersuit seeking to evict the tenant. Judgment was delivered on December 6, 2017” with Okeyo’s suit dismissed with costs.

The court ordered him to pay Sh2,470,000 rent arrears with immediate effect and vacate the premises.

The court added, "The tenancy contract that was subsisting between the tenant and City Hall was with immediate effect considered to have been terminated.”

The tenant was ordered to pay the cost of the counterclaim and interest to the defendant.

Wanga said he issued the vacate notice on October 8 after the court ruling. The rent due had by then accumulated to Sh5.4 million.

He said they will not be intimidated in recovering public property and delivering better services.

Wanga urged the public to shun those using their positions to blackmail the county government.

 

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