Waiguru in Sh40 million 'rent' row with Kitisuru home developer

In Summary

•In court Waiguru is contesting the demand of rent arrears saying since she is a buyer who has already paid half the purchase price there is no way she can be asked to pay rent arrears.

•“The action by the respondent (Kihingo Village) is meant to portray the applicant (Waiguru) as a person who doesn’t pay rent and with no integrity and reputation,” the governor says.

Kirinyaga Governor Anne Waiguru.
Kirinyaga Governor Anne Waiguru.
Image: FILE

Kirinyaga Governor Anne Waiguru and a developer are entangled in a legal suit over rent arrears totaling to Sh40 million.

The developer of Kihingo Village Limited has threatened to throw the governor out of her house forcing her to move to court seeking reprieve.

In court Waiguru is contesting the demand of rent arrears saying since she is a buyer who has already paid half the purchase price there is no way she can be asked to pay rent arrears.

“The action by the respondent (Kihingo Village) is meant to portray the applicant (Waiguru) as a person who doesn’t pay rent and with no integrity and reputation,” the governor says.

She added: “Noting her status as the governor of Kirinyaga County, such an unlawful and unwarranted action of evicting her will in no doubt cast aspersions as to her reputation.”

Secondly, she had said that the balance of the purchase price had been secured with a professional undertaking issued by Kenya Commercial Bank.

And now she says it is surprising that Kihingo Village Limited now wants to evict her over alleged non-payment of rent which has been occasioned by failure on the part of Kihingo to deliver the completion documents to enable the bank to register charge against it before releasing the balance of purchase price.

Kihingo Village has appointed lawyer Gichuki Kingara to represent it in the case.

In a letter dated February 24, Kingara says Waiguru stayed in the house four years and six months without paying rent.

“We will proceed and levy distress on your client as previously indicated as it cannot be legal for your client to stay free of charge in premises she does not own for the period in question,” Kingara said in the letter.

He also indicated that his client was not aware of any sale transactions where it agreed to grant her five years to complete.