The family of former Foreign Affairs minister Munyua Waiyaki has been directed to return four apartments in Nyari that they unlawfully took from rightful buyers before renting them out to the public.

Arbitrator Peter Njeru ruled against Rosslyn House Ltd and Rosslyn House Management Ltd, companies co-owned by the Waiyaki family, ordering them to surrender the apartments to the original buyers who had fully paid for the units.

Unlawful Possession and Unauthorized Leasing

The arbitration found that the Waiyaki family’s firms had no authority to hand over possession of the apartments to Tribe Hospitality Solutions Ltd for public letting without the consent of the apartment owners.

Mr Njeru noted inconsistencies in the Waiyaki family’s representatives’ statements regarding access and possession, highlighting that locks were changed without owners’ approval.

Dispute Over Management Changes

The conflict intensified after Rosslyn House firms replaced Tamarind Management Ltd, the original property manager, with Tribe Hospitality Solutions Ltd. This change was made without consulting the apartment owners, who had chosen to invest based on Tamarind’s management reputation.

The new management limited owners’ use of their units to 14 nights annually and centralized rental operations, a departure from the initial agreement that allowed owners more flexibility.

Rental Revenue and Transparency Issues

The arbitrator criticized Rosslyn House firms for withholding key contract terms with Tribe Hospitality Solutions and demanded disclosure of rental income generated during the unauthorized leasing period.

Buyers disputed the claimed rental revenue figures, arguing they did not align with prevailing market rents in Nyari.

Background of the Nyari Project

  • The apartments are part of Enaki town, a 22-acre residential development in Nyari, Nairobi.
  • Rosslyn House Ltd developed the project at a reported cost of Sh10 billion, planning 450 housing units and extensive amenities.
  • Units were sold off-plan, with initial management contracts assigned to Tamarind Management Ltd.
  • Delays and disputes over pricing and management have marked the project since 2015.

Arbitrator’s Final Ruling

Mr Njeru rejected the Waiyaki family firms’ proposal to resell the apartments to other parties and refund the original buyers, affirming that ownership belongs to those who paid in full.

The ruling reinforces the rights of Saveeta Resorts Ltd, Mira Hill Ltd, and Paramamba Ltd, the buyers involved in the dispute, to retain possession of their apartments.