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City Hall to pay widow Sh17m in house row

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An aerial view of Nairobi City Hall. FILE PHOTO | NMG

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Summary

  • Nairobi City County (NCC) has been ordered to pay a widow over Sh17 million for irregularly auctioning her city residence over alleged rent arrears.
  • Justice Joseph Sergon ordered the county government to pay Phanice Ondeche Asitiba, 87 by May 31, 2021 failure to which four senior officials will be sent to jail.

Nairobi City County (NCC) has been ordered to pay a widow over Sh17 million for irregularly auctioning her city residence over alleged rent arrears.

Justice Joseph Sergon ordered the county government to pay Phanice Ondeche Asitiba, 87 by May 31, 2021 failure to which four senior officials will be sent to jail.

Justice Sergon directed Mr Musumba (acting county secretary), Lydia Kwamboka (county attorney), Allan Esabwa Igambi (executive committee member finance) and Halake Wako ( finance officer) to compensate Mrs Asitiba for the illegal sale of her three-bedroomed house in Kariobangi South Nairobi.

The house was sold in 1993 over alleged rent arrears of Sh15,338.30. Her house was sold for Sh250,000.

The widow through lawyer Wangira Okoba proved she had no rent arrears and that the “sale by the then Nairobi City Council was illegal and a flagrant infringement of her rights.”

The house in dispute had been allocated to the late Asitiba, who was a quarry worker, by the NCC.

The widow told Justice Sergon that since her husbands’ death in 2002 she and her three children kept on paying rent to NCC without failure.

In a judgment entered against the NCC in 2017, Justice Sergon found that the sale of the house was irregular and unlawful, and ordered the county government to compensate her at the current market rate of Sh12 million.