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Deposit doesn't give right of occupancy, Miguna on Karen house

"An acknowledgment of an offer is not a sale and doesn’t give anyone the right to enter."

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by EMMANUEL WANJALA

News18 June 2023 - 13:28

In Summary


  • In her statement, Bore claimed that she reached an agreement with the seller to occupy the house as she made arrangements to clear the balance.
  • She, however, claimed Gatanga MP Edward Muriu with whose company she had signed the deal attempted to evict her family from the house.
Lawyer Miguna Miguna.

Lawyer Miguna Miguna has reacted to a statement by Labour and Social Protection CS Florence Bore in which she sought to set the record straight on the controversy surrounding the purchase of a house in Karen.

The CS said the deal was above board and was signed in conformity with the law on a willing seller willing buyer basis before she moved in upon payment of a ten per cent deposit of the agreed price.

But the outspoken lawyer said acknowledgement of agreement and payment of deposit does not grant the buyer the right to occupy a property.

"This is not correct. An acknowledgement of an offer is not a sale and doesn’t give anyone the right to enter, take possession of and occupy another person’s property," Miguna said.

"A 10 per cent deposit doesn’t entitle you occupancy before you satisfy all the terms of sale, pay the balance, then you are given the keys in exchange of final payment." 

In her statement, Bore claimed that she reached an agreement with the seller to occupy the house as she made arrangements to clear the balance within 90 days from the day the deal was signed.

She, however, claimed Gatanga MP Edward Muriu with whose company she had signed the deal attempted to evict her family from the house while she was out of the country.

"We agreed that I take possession of the house while I retreated to seek a mortgage facility for the balance which I legitimately expected to obtain within the agreed transaction period of 90 days," Bore said.

Mary Mureu, the owner of the home, said the house is going for Sh120 million but the CS embroiled in the tussle had given a Sh90 million offer.

She claimed there was "no agreement signed whatsoever, there's no transaction that has taken place. This house still belongs to me and my husband," she told Citizen TV on Friday.


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