A law firm has ordered auctioneers to recover Ksh 7,250,000 as rent arrears owed by Moses Kuria, the Gatundu South MP.
In a demand letter seen by Sonkonews.com on Saturday, June 6, C.Mupathia Advocates directed Keysian Auctioneers to levy distress on the house, located at Jambo Village Grevilla Groove, Westlands Nairobi.
The letter is dated Tuesday, June 2, in which lawyers were acting on behalf of the landlord, Joseph Ndigari and Caroline Rael.
“Hon Moses Kiarie Kuria is in arrears amounting to Ksh 7,250,0000 as per today (June 2), being arrears for 29 months from the period commencing January 2018.
“Kindly proceed with speed to recover all rent arrears plus your charges from the tenant,” the lawyers directed.
They directed the auctioneers to comply with Distress for Rent Act, Chapter 293 of the Kenyan Constitution while notifying them that they were legally protected while carrying on with the auctioneering process.
“Our client undertakes to indemnify you against a liability that this instruction may cause to yourself as long as the execution is done in strict compliance with Distress Act,” the agency wrote.
This is a law that gives property owners the mandate to seize or cause a seize of goods from a tenant that owes rent. If one is in arrears of more than a month, the landlord can use the act to try and sell your goods to recover the money you owe them. However, he needs to acquire the services of a licensed auctioneer.
According to the act, Kuria’s property won’t be auctioned between sunset and rise (dusk to dawn) or on a Sunday, to protect him from being distressed.
“Subject to the provisions of this Act and any other written law, any person having any rent or rent service in arrear and due upon a grant, lease, demise or contract shall have the same remedy by distress for the recovery of that rent or rent service as is given by the common law of England in a similar case.
“No distress shall be levied between sunset and sunrise or on any Sunday,” the act reads.
The MP said he was unaware of the document after Kenyans.co.ke sought a comment from him.
