This archive report was first published on 23 July 2020.
On July 9, 2020, lawyer Harun Ndubi received a 14-day notice of proclamation of his household items from Benwill Auctioneer for the recovery of alleged outstanding rent arrears of Sh 414,715.
According to his supporting affidavit, Ndubi claims that he has a good relationship with his landlord and manager of the property before the coronavirus outbreak but they have since had sharp disagreements due to his inability to pay his Sh 60,000 rent which was increased to Sh 70,000.
He further claims that his income has been frustrated and has nonetheless undertaken to pay YMA their dues as and when he is able to for as long as the effects of the pandemic persists.
Through his lawyers, John Khaminwa and Shadrack Wambui, Ndubi wants the court to issue a conservatory order temporarily prohibiting Benwill Auctioneer, Young Muslim Association (owner of property) and Good living Properties consultancy (managers of the property) from evicting or distressing for rent areas by way of attaching his households goods pending hearing and determination of the case.
He also wants the respondents to be restrained from disconnecting the water or electricity connection or preventing him from enjoying the quiet possession of his house at YMA apartment 8 Kirichwa road, where he has been residing for the last seven years.
“The distress of the petitioner’s 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,” says lawyer Wambui.
