Kirinyaga Governor Anne Waiguru is fighting to keep her home in Kitusuru, Nairobi following the eviction notice over rent arrears.
In a new development, the County boss is said to have sued the developer, Kihingo Village in a bid to prevent her eviction.
Last month, the High Court in Nairobi gave the developers a green light to auction the property and recover the Sh4.5 million debt.
Justice Alfred Mabeya ruled that since Waiguru was yet to finish the payment of the house, the duo is the rightful owner of the property.
“In this regard, Frame Consultants can either attach or auction the property to recover its debt,” Juctice Mabeya ruled.
The tussle goes back to 2017 where Waiguru claimed to be the legal owner of the house.
In November last year, Waiguru took legal action against developer Kihingo Village Ltd for threatening to evict her from the upmarket Kitisuru house over a disputed $408, 000 (KSh44.5 million) rent demand.
In the eviction notice, the developer asked Waiguru to pay the money or vacate the Sh80 million property by February 29, 2020 following a botched sale deal inked in September 2015.
But according to the governor, the developer doesn’t have any right to evict her as she is the owner and not a tenant.
According to the former Devolution and Planning Cabinet Secretary, she paid Sh40 million in cash for the property and had an agreement with KCB Group to clear a balance of Sh40 million through a mortgage.
The mortgage agreement was reportedly not completed.
The botched sale deal happened two months before Waiguru resigned as Devolution CS in November 2015 after sustained pressure from the political class to vacate office over allegations of massive corruption in her office.
Kihingo Village Ltd denied receiving payment from the governor saying she is a tenant and not the owner.
The company, which is owned by ex-Tetu MP James Ndung’u Gethenji and his brother Gitahi Gethenji, had threatened to auction the governor’s property through Chardor Auctioneers if she doesn’t pay rent for the five years she has been residing in the home.
However, the governor through her lawyers, argues that the developer was aware of the purchase deal and even allowed her to move in as the owner of the house and not a tenant.
The governor blamed 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.”
Justice Elijah Obaga issued temporary orders stopping the property developer from evicting the county boss and ordered the two parties to settle the rent dispute among themselves. The governor had asked for permanent orders to halt the eviction.