BY SAM ALFAN.
Prominent lawyer Harun Ndubi has rushed to court seeking to stop his landlord from evicting him from his house and selling his property over rent arrears amounting to Sh414,000.
Through a certificate of urgency, Mr Ndubi told Justice Weldon Korir, Ndubi that his landlord, Young Muslim Association (YAM) has already instructed Benwill Auctioneers to throw him out of his apartment on Kirichwa Road.
The Auctioneer will also seize his household goods over rent arrears amounting to Sh414,715 and charge him a fee of Sh150,000. The lawyer said he is long-serving tenant to YAM.
Through veteran lawyer John Khaminwa and Shadrack Wambui, Ndubi said he was given a 14-days’ notice of July 9 that his goods would be seized and sold to recover the rent arrears. He started defaulting from March 2020, when Chief Justice announced closure of courts to contain the spread of coronavirus.
The lawyer said he received a call on July 18, from the auctioneer threatening to come and seize his household goods. Ndubi said he moved into the house seven years ago and the initial rent was 60,000 but the landlord increased it to 70,000 inclusive of service charge of Sh10,000 in 2012. He said they disagreed but nonetheless, continued staying in the house.
“As a court room practitioner, my income has hitherto been frustrated but I have nonetheless undertaken to pay all his dues as an when I am able to as long as the effects if the coronavirus pandemic persist as I am left without any other option,” he said in a sworn statement.
He wants the court to grant him temporary orders, stopping the landlord and the auctioneer from evicting him from the house and attaching his household property, pending the determination of the case.
Lawyer 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 coronavirus pandemic.
Justice Korir directed the case to be heard on July 27.
