A Court in Kiambu has barred the proprietor of a popular night club along Kiambu-Muthaiga road, known as Sidai Oleng from auctioning any of the club properties until a case filed by a supplier is heard and determined.
The move came after the supplier Dancun Kahiro moved to court seeking to have John Ngugi the owner of the Sidai Oleng Club situated along Kiambu Road and his landlord John Ruhang’i barred from auctioning or demolishing any of the properties.
Kiambu Senior Resident Magistrate Wilson Rading issued the order barring Ruhang’i and his agents or anyone acting on his behalf from executing, selling by way of auction, charging, levying distress, and evicting Ngugi and his club until the case is heard and determined.
The magistrate directed Muthaiga Police Station OCS to ensure compliance with the order.
Kahiro had urged the court to grant him the order saying he had supplied furniture and other goods in excess of Sh5 million on hire purchase, which he stands to lose if the club is auctioned.
His move came after he knew about a court battle between Ngugi and Ruhang’i over 0.8 hectares where the club currently sits.
Ngugi has been leasing the land that was initially thought to belong to Ruhang’i where the club is located since 2012.
He invested over Sh30 million to build a club since he eased an empty plot.
However, twists and turns crippled after the Kenya National Highways Authority (KeNHA) claimed the ownership of the said piece of land.
Ngugi wrote a letter to the authority after they erected beacons behind his bar wanting to know the reason.
KeNha through their reply said that the bar was sitting on a road reserve and the contractor awarded the works on the road also affirmed that the bar was still on a road reserve.
Nevertheless, Ruhang’i maintained that the land belongs to him with the stand-off now raising fear that it will affect President Uhuru Kenyatta’s multi-billion pet road project of Muthaiga-Kiambu-Ndumberi (B32) road.
The contract of the road KENHA/CSHPD/2611/2018 was awarded in 2018 and the construction of the road is expected to commence soon.
According to the 2012 lease agreement filed in court, Ngugi was obligated to pay a monthly rental charge of Sh 100,000 for five years and two months.
However, after the lease expired, a dispute ensured after the landlord hiked the fee for leasing the land for another five years.
According to the fresh agreement also filed in court, Ngugi was required to pay Sh830,000 per month of the said term of the lease.
On May 21, 2019, Ngugi wrote to KeNHA Director General Peter Mundinia requesting to know about the status of land which he had leased.
In his letter, the club owner said as the tenant of LR.NO 28177 he was concerned after, KeNHA came on-site and placed a rod edge marker post behind his business premises.
“The reason I am writing this letter to you is to request your good office to shed light and make clarifications on whether LR.NO 28177 Nairobi falls within the KeNHA road reserve area. If the answer to the question is in the affirmative, should I continue paying rent to my landlord to KeNHA, and was this piece of land ever gazetted upon allocation,”Ngugi’s letter to KeNHA Director-General says in part.
On May 27, 2019, Mundinia replied to his letter informing him that LR NO.28177 is a road reserve and public land and therefore not available for any other use.
“The parcel of land is created on the old Kiambu road. The old Kiambu road has a road reserve of 60 meters which applies to the new Kiambu road. This piece of land is created from a road reserve and cannot therefore be gazette for acquisition,”Mundinia letter says in part.
Kenya Police Service in a letter dated July 24, 2020, complained to the judiciary over the numerous court orders issued by different courts on the land tussle to evict Ngugi and oversee the demolition of the bar.
The police however said they are unable to execute the orders.
Ngugi wants the court to make a ruling as to who owns the land under which his club sits.
He said that in the event that the court finds that the land does not belong to his lessee Ruhangi, he be ordered to reimburse Ngugi all the amounts he paid as rent since 2012.
According to Ruhangi replying affidavit told the court that Ngugi should be ordered to pay Sh11,830,000 on the outstanding rent arrears that have accumulated since 2018.
He adds that the land was allocated to him upon issuance of all necessary approvals from the Ministry of Public Works and Housing.