On the night of September 19, 2018, Monica Nyawira Kimani, 29, was killed at an apartment in Kilimani, Nairobi.
The next day, a company that sold a house to Monica, with whom she had signed a purchase agreement, canceled the deal without notifying anyone. Now, almost four years later, her family is trying to get the house back.
Your three bedroom bungalow at Villa Maya Apartment, about 100 meters from Ndenderu-Banana Road in Kiambu County, has denied peace to her father, Paul Ngarama, for the past week.
The bishop is on the verge of losing the only remaining material investment, that of his only daughter made, and it saddens him.
Paid in part
According to documents viewed by Daily Nation, Monica had partially paid for the house at Villa Maya from Tiara Investment Ltd. in the amount of 4 million Sh. She signed the purchase agreement with the company on April 10, 2017.
The deal stipulated that the 0.0125 hectare property, named Kiambaa/Thimbigua/7488 , was purchased by Monica, who is identified as the buyer.
The agreement stated that upon completion of payment, the buyer would receive a registration of remittance of the property. If she (the buyer) does not complete the transaction on the Closing Date, she will be deemed to have breached her obligations.
Tiara Investments Ltd would then serve written notice for the Buyer to complete the transaction within 21 days from the date of delivery of the notice.
The agreement also stipulated that the buyer would not complete the transaction before the deadline then you would be entitled, at Tiara Investments’ sole discretion, to an extension of time for completion with interest accruing on the unpaid balance. Alternatively, the agreement would be revoked.
If revoked, the seller of the property would retain the deposit of Sh400,000 as liquidated damages, but would refund the balance to the buyer.
Monica had to pay the balance within 90 days of signing the agreement, which would have been July 2017.
However, on 3 October 2017, she signed a deed of sale amendment reviewing the terms of a down payment of Sh1million and monthly installments of Sh520. 000 starting November 1, 2017. That would settle the purchase price by March 1, 2018.
On the same day, she signed a lease with the same company that sold on November 30, 2018 September 2018. She had to pay a monthly rent of Sh23,000 after posting bail of Sh46,000.
At trial for Monica’s murder
Mr Joseph Kuria aka Jowie and Ms Jacqueline Maribe are on trial for Kimani’s murder. They have denied the allegations.
According to documents seen by the nation, Kimani has yet to complete the payment of both agreements. Out of a total of Sh 4,322,000 she had paid Sh 1,760,000. Of this amount, the total purchase price deposits amounted to Sh1,550,000 and the rental payment to Sh210,000. She had an outstanding purchase price of Sh2,450,000 and a rental balance of Sh56,000. The total amount was Sh. 2,562,000.
When Mr. Ngarama, through his attorneys at NOB Advocates, expressed his commitment to settle the outstanding balance along with any rent arrears arose prior to Monica’s death, his proposal was countered with an email on June 27, 2019 by Wangai Nyuthe & Co attorneys representing Tiara Investments. He was told that directors “intended to occupy the property from day one in July 2019 pending the completion of any subsequent sale”. They also advised that Monica’s tenants would have to vacate the premises. How the money already paid should be repaid was not mentioned. The final payment, according to email correspondence between the attorneys, showed that Monica’s last rent payment was made on March 26, 2018.
Another email sent to Wangai Nyuthe Advocates on December 16, 2019 requesting title processing received no response, as did a follow-up email sent on January 8, 2020. The title would have allowed NOB Advocates to register the transfer.
“Monica’s house was sold by the owner of the houses to a Nigerian who accepted our proposal to settle Monica’s arrears , did not accept, although we were willing and able to do so. They showed us no mercy. Although our lawyers say they have not received any official communication, neither have we received any communication regarding a refund of the money Monica has already paid,” lamented Mr. Ngarama.
“This is the only house we can remember of Monica. It’s like a memorial to her. The owner of the property was unfair to us. This is very wrong,” he said.
According to Mr. Anthony Wachira of Wangai Nyuthe Advocates, Monica was in arrears on both of her payments before is required to die.
Mr. Wachira explained that although the house may be in the process of being sold to another client, they are willing to discuss a new arrangement with Monica’s family only if they go to court for a letter of administration and confirmation of grant.
“I have spoken to their attorney and Bishop Ngarama. We are aware that a sale took place and that Monica committed an infraction. At the time of death, the breach had been ongoing for a full year,” he said.
Asked if the parents, once authorized by the court as administrators, would do so in the Will be able to proceed with the same agreement that Monica had signed, Mr. Wachira stated that the matter is at the sole discretion of the Company’s directors, considering factors such as the date of the agreement, the date of closing, whether the terms of the Agreement were respected, time commitment and humanitarian reasons. “If there hasn’t been a violation by then and the seller still feels they can sell the item to them, they can still proceed. But I can assure you that no one will take your coin,” he said.
However, Mr Ngarama says that the allegation that his daughter has defaulted on payments is a lie and that he has emails proving otherwise.