Former Nairobi Governor Dr Evans Kidero has finally cleared the air on the eviction issue involving President Uhuru Kenyatta’s Personal assistant Jomo Gecaga from his high-end apartment.
Kidero has defended his quest to kick out Gecaga stating he has not shown evidence to warrant halving of rent to Sh250,000.
JSTA Ltd, which is associated with Jomo’s father Udi Gecaga, is seeking to block its eviction from Gem Suites Riverside apartments that costs $5000 (Sh540,000) monthly.
Udi had requested the Kideros to extend the offer for paying half rent to December, arguing that the cash flow in the family business had weakened in the wake of Covid-19 economic hardships.
But Mr Kidero said JSTA — the company that leased the high-end apartment where Jomo is a resident, has not demonstrated force majeure — declaration to be excused from contractual agreements when an extraordinary event occurs which is beyond its control.
The former governor is seeking evidence to reveal the impact of the health crisis on their cash flow on the Gecaga’s cash flow.
Such evidence normally include pay slips and financial statements. JSTA wants the court to intervene in the rent fallout, arguing that the apartment’s occupant “will be seriously prejudiced and suffer untold loss and damage not to mention the embarrassment” once the auctioneers are instructed to seize his assets and attempt to evict him from the apartment.
Court documents show that Jomo is the occupant of apartment 2C Riverside.
But Kidero’s company, through project assistant Grace Awinda, says JSTA has failed to demonstrate that its failure to pay the monthly rent was due to circumstances beyond its control.
“I am advised by the Defendant’s Advocates (Geminvest Ltd) on record which advice I verily accept as correct that goodwill and the Covid-19 pandemic are not Force Majeure events contemplated within the tenancy agreement,” Ms Awinda says in an affidavit.
The company argues that courts cannot be used to re-write private contracts, asking the judges to only intervene if there is evidence of coercion or fraud of undue influence.
Court documents show that Geminvest has extended a number of reliefs to help JSTA cope with the impact of the public health crisis on its cash flow.
This includes using the Kenya shilling, not the dollar, as the currency for rent payment, reduced rent from $5000 to Sh400,000 in April and Sh250,000 from June to September.
It also allowed the JSTA to offset part of its February and March rent from the $10,000 the company had placed as deposit for the high-end apartment.
The relief was sought on March 30 by Udi, whose son Jomo works at State House and daughter, Nana, serves as chief executive of the iconic Kenyatta International Convention Centre, a State corporation.
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Mr Kidero has a vast real estate business which boasts tenants with fat wallets such as the governments of the United States, the United Kingdom and Sweden.
The former Nairobi governor mostly trades through five companies — Gem Investments, Gem Apartments, Gem Suites, Orro Limited and Argenti Limited — but also personally owns hundreds of acres of land worth billions of shillings.
His land and buildings are estimated to be worth at least Sh9 billion, making him one of Kenya’s wealthiest.
