Top city lawyer fights eviction, auction over Sh400,000 rent arrears
A city lawyer has moved to court seeking to prohibit his landlord from evicting him over rent areas of Sh 414,715 since March over Covid-19 pandemic.
In his certificate of urgency filed at the High Court, lawyer Harun Ndubi sought orders restraining Young Muslim Association, Good Living Properties Consultancy And Benwill Auctioneer from evicting or distressing him for rent areas by away of attaching households goods or other property owned or contained in his house at Apartment 8 Yam Kirichwa Road.
"The court do issue a conservatory, injunction or temporarily prohibiting Benwill Auctioneer, Young Muslim Association and Good living Properties consultancy from evicting or distressing for rent areas by away of attaching the households goods of the applicant's pending hearing and determination of the petition," reads the petition filed in court.
Through lawyers John Khaminwa and Shadrack Wambui, he also wants them restrained from disconnecting the water or electricity or preventing him from enjoying the quiet possession of his rented house.
He claims that on July 9, 2020, he received a 14-day notice of proclamation of his households from Benwill Auctioneer for the recovery of the alleged outstanding rent arrears of Sh414,715 which he has been unable to settle since March when coronavirus pandemic hit our shores.
"On the July 18, Benwill Auctioneer arbitrary, illegally and unconstitutionally expected to distress me for the rent arrears of Sh 414,715 in addition to their outrageous auctioneer's fees of Kshs. 150,000," says Ndubi.
Further, he argues that on July 18, he received a phone call from the representative of Good Living Properties Consultancy, an agent of Young Muslim Association, informing him that they had received instructions to evict him from his rented house.
Lawyer Shadrack Wambui further told the court the distress of Ndubi households goods and items will certainly affect his responsibilities as an advocate and therefore pose a grave and imminent threat to the independence of the bar and his duty especially now the Ministry of Health insists that everybody should work from home due to corona virus pandemic.