The Telposta Pension Scheme now
plans to evict about 188 former
Telkom and Postal Corporation of
Kenya workers from its property
in Mombasa for defaulting on Sh79
million rent.
This, is as it continues to take on former employees, pensioners and tenants sitting on its properties across the country.
During a telephone interview with the Star, the scheme’s CEO Peter Rotich said the move follows a court ruling on November 27 last year, which ordered the tenants to vacate from Telposta Pension Scheme Houses in Makande and Bombolulu, Mombasa, after failing to pay rent since 2012, failure to which they will be evicted.
He noted that Telposta Scheme which manages pensions of over 8,000 pensioners of defunct Kenya Posts and Telecommunications Corporation (KPTC), accused the tenants of sitting on its two Mombasa properties valued at over Sh70 million without paying rent, accruing rent arrears to Sh79 million by July 2024.
He noted that Telposta Scheme which manages pensions of over 8,000 pensioners of defunct Kenya Posts and Telecommunications Corporation (KPTC), accused the tenants of sitting on its two Mombasa properties valued at over Sh70 million without paying rent, accruing rent arrears to Sh79 million by July 2024.
“Based on evidence on record and after considering the submissions made herein, the court finds and holds that the plaintiff (Telposta Pension Scheme) has proved its case against the defendants,” the ruling reads in part.
“A mandatory injunction is hereby issued compelling the 3rd to 30th defendants whether by themselves, their agents, servants and/or any other persons claiming under them to forthwith, but in any event not later than 30 days from the date hereof from the plaintiff’s premises. Should the defendants or anyone or some of them fail to vacate the premises as above, they shall be evicted there from and such eviction shall be undertaken in accordance with section 152G of the Land Act,” Magistrate Josephat Kalo ordered as quoted by the CEO.
The rent arrears are an accumulation of arrears dating back to 2012 when the tenants are reported to have refused renewing tenancy agreements with the pension scheme, and when the legal battles started.
“The arrangement on rent between Telposta Scheme and Telkom and Postal Corporation of Kenya ceased. Outstanding rent arrears caused the Scheme to terminate tenancy agreements with the defendants (tenants). The defendants refused, failed and/or neglected to sign fresh tenancy agreements presented to them by the plaintiff. Prior to 2005, the tenants of the plaintiff (Telposta Pension Scheme) were Telkom Kenya and Postal Corporation of Kenya employees,” court documents note.
The tenants had filed a case at the High Court in an attempt to bar the pension scheme from levying distress and evicting them but the suit was dismissed last year.
While delivering the judgment, the court also noted that the pension scheme accused the tenants of sub-letting the properties, though it had not provided proof of the claims.
Rotich during the phone interview said the Board of Trustees, last year, as part of its strategic plan, directed his office to “act decisively by prioritising speed over perfection, as the situation calls for it, instead of wasting time with unnecessary delays to implement key special projects vital to the scheme’s survival and growth in an ever evolving pension landscape.”
“We anticipate resistance and we have planned how to address it. We are calm and focused on the bigger picture and we will not get bogged down in minor challenges as we implement the Strategic Plan,” he affirmed.
“We completed the process of repossessing the properties in Jogoo Road, Nairobi in November 2024 last year and fenced the property before we can start renovating to generate income for our pensioners. It is now fully recovered and secured,” he added.
Once done with Makande and Bombolulu, the Board of Trustees plans to move the exercise to Aga Khan residence in Mombasa ( 40 units) and Ondiek Highway tenants located in Kisumu.
Rotich said the scheme had attempted to engage the tenants who are also its pensioners through alternative channels including public barazas to encourage them settle rent arrears, but that did not work, leaving them battling it out in court.
“The court process was a last resort for the scheme. We will now repossess the properties, renovate them and generate income in order to pay our pensioners,” he said.
In November last year, the pension scheme evicted more than 100 former Telkom employees from its houses along Jogoo Road, Nairobi, ending a two-decade feud over the Sh700 million property, which had been the subject of court battles since 2008.
The pensioners were accused of failing to pay rent on the residential units to the tune of Sh154 million. The houses were composed of 17 blocks of flats with 57 one-bedroomed houses, 132 two-bedroomed houses and nine three-bedroomed houses, attracting a monthly rent of about Sh6,000 for the 2-bedroom units.
Rotich said the former employees of Telkom Kenya Limited have since 2008 been in court harassing and arm-twisting the scheme, trying to force the pension scheme to enforce void sale agreements.
A majority of these non-paying
tenants have actually sublet the
premises and are not remitting the
rents to TelPosta Pension Scheme.