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Newsunplug Kenya > Blog > Metro > Court sets October mention for Senteu Plaza rent dispute
Metro

Court sets October mention for Senteu Plaza rent dispute

new5nuke
Last updated: July 16, 2025 10:20 am
new5nuke
5 hours ago
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The Environment and Land Court has scheduled an October 2025 mention in an ongoing dispute between the owners of Senteu Plaza in Kilimani, Nairobi, and their tenant, SBS Dunhill Group (East Africa) Limited.

The purpose of the mention is to confirm filing of submissions by both parties and set a date for judgment.

The property owners, led by Ajeetkumar C. Shah and others, are seeking to evict SBS Dunhill from the first floor of Senteu Plaza, arguing that the company’s lease expired on 31st August 2023.

They claim the tenant has unlawfully remained on the premises since the expiry of the lease and is liable for over Ksh. 47 million in rent arrears accrued between September 2023 and March 16, 2025, in addition to unpaid service charge.

On May 16, 2025, the owners obtained a court order in a different suit before the Business Premises Rent Tribunal to lawfully evict SBS Dunhill from Senteu Plaza.

Court records show that the lease and associated licence agreements, signed between 2017 and 2021, all lapsed by the end of August 2023.

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The owners allege that despite multiple reminders—including a formal demand for vacant possession issued on June 21, 2023—SBS Dunhill refused to vacate.

A final notice gave the company until September 15, 2023 to leave, but this was ignored, prompting legal action.

The landlords further contend that although SBS Dunhill paid USD 79,600 in August 2023, the payment was made in foreign currency while the rent obligation was in Kenya Shillings.

They dismiss the tenant’s assertion that the excess Ksh. 216,816.35, resulting from a gain on the foreign exchange rates at the time, was a deliberate overpayment to be utilised as part of the purchase price for the building.

Further, the total sum of USD 79,600 was frozen by the Asset Recovery Agency (ARA) in a different suit, Chief Magistrates Anti-Corruption Court Misc. Criminal Application No. E150 of 2023 as it was suspected to be proceeds of crime from SBS Dunhill and its affiliates.

Additionally, the owners through their lawyers Hamilton Harrison and Mathews reject assertions by SBS Dunhill that there was any agreement to sell the property to the company.

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They argue that while the tenant expressed interest in purchasing the building or acquiring the entire first floor—including a section known as the “Maybach Lounge”— their advocates clearly communicated that the property was not for sale. The landlord had however expressed willingness to negotiate a lease renewal.

SBS Dunhill argues that the property owners’ conduct led them to believe there was an understanding that the tenant would eventually purchase the premises.

The company claims to have improved the property. It also highlights that its US-based parent company financed upgrades to public infrastructure around the building, including street lighting at the Lenana-Galana Road junction and drainage works.

SBS Dunhill maintains that it made these investments relying on the lessors’ conduct and what it terms “representations,” which allegedly indicated future ownership prospects.

The property owners, however, have dismissed these claims, stating that any renovations carried out by SBS Dunhill or its affiliates, including the streetlights, were responsibilities of the Nairobi County Government and not tied to any ownership promise.

The owners have also adduced evidence in court to refute the claim that there was an offer to purchase the building upon expiry of the lease.

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The case remains before the Environment and Land Court, with both sides expected to file their final submissions before the October mention, when the court will set a date for judgment.

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