The Telposta Pension Scheme has continued to take on pensioners sitting on its properties across the country, now planning to evict about 188 former Telkom and Postal Corporation of Kenya workers at its Mombasa property for defaulting on Sh79 million rent.
This follows a court judgment on November 27 which ordered the tenants to vacate from Telposta Pension Scheme Houses in Makande and Bombolulu, Mombasa after failing to pay rent since 2012, failure to which they will be evicted.
The order comes just a month after the scheme evicted more than 100 tenants in another property on Jogoo Road, Nairobi.
Telposta Scheme --which manages pensions of over 6,000 pensioners of defunct Kenya Posts and Telecommunications Corporation (KPTC)-- accused the tenants of sitting on its two Mombasa properties valued Sh741 million without paying rent, accruing rent arrears to Sh79 million by July 2024.
“Based on evidence on record and after considering the submissions made herein, the court finds and holds that the plaintiff (Telposta Pension Scheme) has proved its case against the defendants.
“A mandatory injunction is hereby issued compelling the 3rd to 30th defendants whether by themselves, their agents, servants and/or any other persons claiming under them to forthwith, but in any event not later than 30 days from the date hereof from the plaintiff’s premises. Should the defendants or anyone or some of them fail to vacate the premises as above, they shall be evicted therefrom and such eviction shall be undertaken in accordance with section 152G of the Land Act,” Magistrate Josephat Kalo ordered.
The rent arrears are an accumulation of arrears dating back to 2012 when the tenants are reported to have refused renewing tenancy agreements with the pension scheme, and when the legal battles started.
“The arrangement on rent between Telposta Scheme and Telkom and Postal Corporation of Kenya ceased. Outstanding rent arrears caused the Scheme to terminate tenancy agreements with the defendants (tenants). The defendants refused, failed and/or neglected to sign fresh tenancy agreements presented to them by the plaintiff. Prior to 2005, the tenants of the plaintiff (Telposta Pension Scheme) were Telkom Kenya and Postal Corporation of Kenya employees,” court documents note.
The tenants had filed a case at the High court in an attempt to bar the pension scheme from levying distress and evicting them but the suit was dismissed last year.
While delivering the judgment, the court also noted that the pension scheme accused the tenants of sub-letting the properties, though it had not provided proof of the claims.
Telposta Pension Scheme CEO, Peter Rotich in an interview said the scheme this year, as part of its strategic plan, directed his office to “implement key special projects vital to the Scheme’s survival and growth in an ever evolving pension landscape.”
“We have completed the process of repossessing the properties in Jogoo Road, Nairobi, and we have been fencing the property before we can start renovating to generate income for our pensioners. It is now fully recovered and secured," Mr Rotich said.
"Once we are done with Makande and Bombolulu, the Board of Trustees will take the exercise to Aga Khan residence in Mombasa (40 units) and Ondiek Highway tenants located in Kisumu.”
He said the scheme had attempted to engage the tenants –who are also its pensioners— through alternative channels including public barazas to encourage them settle rent arrears but that did not work, leaving them battling it out in court.
“The court process was a last resort for the scheme. We will now repossess the properties, develop them and generate income in order to pay our pensioners,” Mr Rotich said.
Just last month, the pension scheme evicted more than 100 former Telkom employees from its houses along Jogoo Road, Nairobi, ending a two-decade feud over the Sh700 million property, which had been the subject of court battles since 2008.
The scheme accused the pensioners of failing to pay rent on the residential units to the tune of Sh154 million. The houses were composed of 17 blocks of flats with 57 1-bedroom houses, 132 2-bedroom houses and 9 3-bedroom houses, attracting a monthly rent of about Sh6,000 for the 2-bedroom units.
“The former employees of Telkom Kenya Limited have since 2008 been in court harassing and arm-twisting the Scheme, trying to force the Pension Scheme to enforce void sale agreements. A majority of these non-paying tenants have actually sublet the premises and are not remitting the rents to TelPosta Pension Scheme,” Telposta said in a statement.
