Businessman accuses Nairobi Governor Evans Kidero of plotting his premises closure

By Pamela  Chepkemei

Nairobi, Kenya: The proprietor of Garden Square Restaurant has accused Nairobi Governor Evans Kidero of orchestrating the closure of the premises despite him paying rent as required.

Armstrong Kasuku told the court that he does not owe Sh17 million rent arrears as claimed by the City Council because he paid the same to Kenyatta International Conference Centre between October 1999 and March 2011.

The businessman told the court the amount of Sh17 million being sought by the City Council of Nairobi relates to rent which he was directed to pay to KICC which was owned by the ruling party, KANU.

The businessman moved to court following the closure of the business premises two weeks ago.

“Employees and agents of the City Council of Nairobi at the unlawful behest of the Governor of Nairobi were authorised to trespass upon and evict the plaintiff from Garden Square Restaurant,” said Kasuku.

Through his lawyer, Neville Amolo, Kasuku argued that his eviction by the officers of the City Council is unlawful because he has been paying rent to the Court’s account as directed by High Court Judge Msagha Mbogholi on October 4, 2010.

He has paid a total of Sh 3.4 million from March 2011 to May 2013. The rent dispute between Garden Square on one hand, KICC, and the City Council of Nairobi on the other hand, has been pending in court since 2009.

The  restaurant popular for  people holding funeral meetings and fundraisings  was re-opened after the High Court issued orders in favour of Kasuku. The judge ordered the City Council of Nairobi to re-open the place immediately and allow the business man to continue with his operations.

The court said the City Council of Nairobi should use lawful means to collect any rent owed to them by Garden Square Ltd.

“I find no reason why the plaintiff should be kept out his business premises when there is evidence that he has been depositing rent in court as per the court order made by Justice Msagha Mbogholi,” said Justice Mutungi.

The judge further gave the City Council of Nairobi and Kenyatta International Conference Centre 21 days to respond to Mr Kasuku’s suit.

The National Land Commission has also been named as a respondent in the case.

Nairobi Governor Evans Kidero announced prior to the eviction done on May 16 that the restaurant would be closed because the owner had accrued rent arrears amounting to Sh17.8 million.