Africa-Press – Kenya. Maasai Mara University has been ordered to pay Ksh24 million to a landlord over rent arrears arising from a building that the institution had occupied in Kisii town.
According to court documents, the university had set up a satellite campus within the building to be used for students who resided within the town.
The documents further detailed that the university entered into a six-year tenancy agreement, in 2015, with the landlord, Ram International Limited.
Evidence presented in court by the company’s managing director Ashwin Gudka revealed that part of the clause from the agreement involved a two percent monthly interest for late payment.
Gudka pointed out that the university illegally terminated the contract after two years with rent arrears of Ksh13.2 million.
“As a result of the breach, Ram International was deprived of rental income for a total of 88 months,” he stated.
The university, through lawyer Alfred Nyabochwa, disputed the allegations – arguing that in June 2016, the Commission of University Education (CUE) had ordered for a closure of the satellite campuses.
Nyabochwa also questioned the illegality aspect posed by the company, alleging that the university had issued the landlord with a notice to move out on May 31, 2017. He also wondered where the Ksh13.2 million figure claimed as rent arrears came from.
Ram International sought to be paid more than Ksh112 million as compensation for the rent arrears.
Justice Rose Ougo affirmed that the company had presented enough evidence to reveal that the university had not paid the amount within the stipulated time.
She, however, denied Gudka’s request to be compensated Ksh112 million arguing that the tenancy was periodic and the university could not be compelled to pay for the time the lease was expired.
“The rent was payable on a quarterly basis, thus the three-month notice given prior to vacation of the property was sufficient,” Ougo ruled.
