KITUO CHA SHERIA BLOG

Success: Vincent Onano Ondego
Vincent Onano Ondego approached the Kamukunji Community Justice Centre (KCJC) seeking legal advice and possible representation regarding a dispute with his landlord. Vincent Onano Ondego, a humble, middle-aged man with a family of seven children approached the justice centre in 2018, seven years since he’d heard about the services offered by the justice centre.

Sometime in 2011, a friend living with Onano in Nairobi’s Majengo neighborhood had informed him of legal assistance he got from the justice centre in a dispute with his tenant. Mr. Onano had worked as a night guard for much of his adult life struggling with raising his family when he unexpectedly lost his job in 2015. Even with this setback, life had to move on and Onano set up a makeshift ‘kibanda’ on an open space adjacent to his house to start a shoe-making and repair business. Mr. Onano, the cobbler thrived in this area and worked at his station until sometime in August 2018 when he served his landlord with notice to move house. The landlord turned hostile and claimed ownership of the business operation space as part of his property. Onano could not fathom this claim as he had painstakingly built up his premises over time and it was the only source of livelihood for his family.

Afterwards the landlord locked his work station illegally, Onano visited the Kamukunji Community Justice Centre to get assistance. He was directed to the assistant chief who offered authorization for Onano to continue with his work as the kibanda was on a road reserve and not on the landlord’s property. The justice centre also wrote a letter to the landlord asking him to cease the illegal eviction. Armed with the two letters, Mr. Onano went back to continue with his work, however, the wealthy landlord co-opted other local administration officials and police officers to disregard this legal position. Guided by the community paralegals, Onano approached the rent restriction tribunal and filed a claim. The tribunal is established under Section 4 of the Rent Restriction Act, Cap 296, Laws of Kenya and is mandated to determine disputes between landlords and tenants of protected tenancies, which are residential buildings whose rent does not exceed Ksh. 2500.

On 26th November, 2018 the hearing was conducted and Mr. Onano got orders protecting him from eviction even as he self-represented himself with the guidance of the community paralegals. The orders were served to the area police division head for enforcement and after a tedious process of follow-up process, the business premises were opened and Mr. Onano was back in operation. Mr. Onano was very grateful to the Kamukunji Community Justice centre and the community paralegals for walking the long journey with him to protect his rights. A lot of time was lost when his kibanda was illegally closed but now Mr. Onano is a happy cobbler fending for his family and serving the community.

RCKM

Kituo Cha Sheria