A woman named Alka Roshanlal Hanspal says Nairobi Woman Representative Esther Passaris has grabbed her property, worth Sh300 million as at 2014.
Alka, a widow, said that for the past 13 years, she has tried with no success to evict Passaris from her two-acre property.
“Since 2009, when my late husband sued her, the matter was heard for the first time in April 2019,” she said in a press conference.
“And now, after the hearing has started, there is always some excuse because the lady is now in some position. There is always a reason for not being able to attend the court.”
The push and pull started in August 2006, when Passaris moved into the two and a half acre property. Alka confesses that she allowed the Nairobi Women Rep to occupy the house before she could sign a lease or tenancy agreement.
Because they could not agree on the terms, Alka says that Passaris went to her brother-in-law, and they drafted a tenancy agreement for two years. Then they made Alka’s husband, who is now deceased, to sign the tenancy agreement.
“At that time, my husband had had a stroke. So I am not sure whether he was aware of what was going on at that time. Nevertheless he signed the tenancy agreement and she lived there for two years,” the mother of one said.
Just before the tenancy agreement expired, Alka and her late husband, Kultar Singh Hanspal, sent Passaris an eviction notice. She refused to vacate and claimed that Alka had agreed to sell her the house, a claim that Alka disputes.
“I was in no position to sell the house. The house was in my husband’s name, so nothing came to conclusion,” Alka says.
Alka and her husband moved to court to get an eviction order. However, when Passaris got to know about it, she got an injunction and since then, she has continued to live in the house.
“Since 2007, from the time she signed the lease with my husband until now it’s just the same rent. But on and off. First she paid me, then she paid my late husband, then she started paying the court after he passed on. Now I am not even sure whether she pays anyone because I am not seeing any rent coming,” Alka said.
Attempts to access the property have been met with hostility from the Nairobi Women Rep, she says.
Alka adds that at one point, she was carjacked and all her documents were stolen. She also had to shift her residence from Nairobi as random cars could follow her and hence she didn’t feel safe.
“I have been to the police, court, wherever I could think of. I have asked so many people to assist me to solve this issue – friends, family who knew her, to solve this amicably,” Alka laments.
The widow has therefore gone public so that she can catch the attention of the Inspector General, Director of Criminal Investigations, and the Chief Justice David Maraga to grant her justice.
Alka says she is not only seeking justice for herself but for also Mr and Mrs Kanyuga who purchased the said property in 2014. The couple paid a fraction of the money in the hope that Passaris would vacate the house after the matter got concluded in court.
Going public with the matter is Alka’s last resort after the case hearing date got pushed indefinitely, she says.
“The next hearing was supposed to be on July 25th but her (Passaris’) lawyer has written to my lawyer that she won’t be able to make it because she is attending a meeting in Barbados something to do with homosexuality. I don’t know when we’ll get the next date or when this case will be concluded,” Alka said.
Passaris has refused to comment on the matter, saying it is active in court.