LBDA: We have no relationship with Nyakera as Tribunal Court gives go-ahead for the auction

By Reporter

Lake Basin Development Authority (LBDA) has disowned any association with former Permanent Secretary Irungu Nyakera over the lease agreement on a hotel premises in its facility.

Similarly, the Tribunal Court in Nairobi gave LBDA the authority to go ahead and auction the tenant, Fairways Hospitality Kisumu, over unpaid rent.

Justice Joyce Osodo, in a ruling dated March 9, 2026, set aside earlier orders that restrained LBDA from carrying out the eviction and auctioning of the tenant.

“A stay of execution, enforcement and/or implementation of the ex parte interim orders issued by this honorable tribunal court on February 25 together with all consequential directions arising therefrom is hereby issued, pending the hearing of the application inter partes,” she directed.

LBDA Managing Director Wycliff Ochiaga said at no time did the authority enter into any tenancy contractual agreement with Nyakera and instead asked the police to investigate the imposter.

He said the lease tenancy agreement was between Fairways Hospitality Kisumu and not Nyakera, who is not even listed as a director in the company.

In a press statement, Ochiaga said that in the CR12, Eunice Wambura Njoki is listed as a director while Fairways Hospitality Holdings Limited is listed as a shareholder.

“The LBDA has no known relationship with any party called Irungu Nyakera as the previous agreement was with an institution called Fairways Hospitality Kisumu Limited. CR12 attached,” he wrote.

The MD asked the police to open an investigation into the activities of Nyakera in regards to the shooting incident at the facility earlier today.

“We call upon the police to immediately initiate investigations as the actions of the said party who has made a declaration that he is ready to shoot anyone at the premises and who has confirmed that he had fired shots, yet he has no right in the property,” Ochiaga said.

Nyakera claimed over 100 goons stormed the facility early this morning, destroyed his properties and beat up his employees.

He posted on his Facebook page: “At 5:00 a.m. today, over 100 goons attacked my hotel in Kisumu, damaging property and injuring our staff.”

An enraged Irungu said he shot twice in the air to scare the goons and claimed that despite his telephone call to the OCS to intervene, it was not heeded.

“Upon hearing the commotion, I quickly went after them, shooting twice in the air as they fled. I called the OCS and asked for backup, but an hour later, when no backup was forthcoming, I sent him a message that I intend to shoot anyone stepping into my property. I hope he shared the message in their security WhatsApp group,” he said.

Nyakera said he had a similar incident three weeks ago where goons, working alongside their landlord LBDA, came to the premises, carted away their merchandise and locked them out of their own premises.

Wycliff Ochiaga said the company had failed to pay rent on the facilities and this prompted the termination of the lease and eventual eviction.

“We refer to the above matter, the demand notice dated October 16, 2025 and court ruling of February 12, 2025, details of which are within your knowledge.

As you are aware, you have fundamentally breached these covenants. Despite acknowledging a debt of Sh27,431,473 in the consent agreement dated June 3, 2025, you failed, neglected and refused to honor the repayment schedule, culminating in High Court Civil Suit No. E028 of 2025 wherein you sought to bar the lessor and its agent from executing against you for failure to comply with your payment obligations under the lease agreement and consent agreement,” read the letter dated February 12, 2026.

Ochiaga said the investor had defaulted on settling rent from the month of May 2025 to date despite formal demands issued on September 22, 2025 and October 18, 2025.

He said the accumulated rent as of February 2026 stood at Sh25,968,655 and consequently the lease was terminated by the authority.

“Pursuant to Clause 6(a) of the lease agreement, the landlord is empowered to terminate the lease and re-enter the premises if rent remains unpaid for 45 days. Take notice that the authority hereby exercises its right of immediate termination of your lease.

The leasehold estate created is hereby determined absolutely, and the authority shall proceed to re-enter and repossess the premises situated on Land Reference Number 15299, Kisumu including all fixtures and fittings, as provided for under Clause 6(a) and Clause 4(a) of the lease agreement,” he wrote.

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