Court stops eviction of Bush Air Safaris from Wilson Airport over rent arrears


It is a relief for Bush Air Safaris after the Environment and Lands Relations court suspended its planned eviction from Wilson Airport over rent arrears dispute.

Eboso further directed the OCS Wilson Airport Police Station to ensure that Bush Air Safaris which operates a fleet of 12 aircrafts in Hangar 16 at Wilson is not evicted from the premises by Enrica Forno and Kenya Airports Authority (KAA).

Justice Benard Eboso said Bush Air Safaris, will remain at the contested premises for another  60 days, awaiting the resumption of the sittings by the Business Premisses Rent Tribunal in February 2021.

“Pending resumption of sittings by the Business Premises Rent Tribunal, the defendants (Enrica Forno and Kenya Airport Authority) are hereby restrained against terminating the plaintiff’s (Bush Air Safaris limited) tenancy in respect of Hangar 16 located on Land ref No. 209/13080, Wilson Airport, Nairobi or interfering with the plaintiff’s occupational of the said business premises ” the judge ruled. 

Bush director John Ndiritu moved to court seeking a temporary injunction after he was given a seven-day notice to vacate the premises. 

Ndiritu says he has been operating from Hangar 16 since 2012, after allegedly entering into an agreement to purchase several aircrafts from Enrica, from part of her fleets adding that he moved in and refurbished the entire premises to suit his business needs under the exclusive arrangement with Forno.

The petitioner further claims that on 27th August, Enrica gave him seven days’ notice, through KAA on claims on non-payment of rent amounting to Sh12.5 million. The figure, he said, is based on balances arising from aircrafts sold to him by Enrica and plans to evict him is contrary to the law.

He said attempts to reach out to her and settle the dispute amicably has been futile and rushed to court arguing that the issue of rent is governed by the distress of Rent Act, which was not being applied in his case.

Forno opposed the case on grounds that she allowed Ndiritu to occupy the hangar because he needed to conduct checks on aircrafts which she sold to him.

She added that at that point, they were sharing rent of Sh 1 million but they later agreed that he pays an annual rent of Sh 2.2 million in two installments. She added that he owed her Sh 9.5 million covering several years.

According to her, they enjoyed a good relationship until he allegedly started dishonouring the terms of the oral agreement and issued her a bouncing cheque.

Speaking at Wilsom Airport, Ndiritu’s lawyer said the OCS Wilson airport complied with the order and gave them access but immediately after she left, Wilson airport manager Joseph Okumu ordered them out on the pretext that he had not received instructions from his seniors yet they served the legal department at JKIA on the 29th September.