A Nairobi restaurant has been evicted from Uchumi Supermarkets' Lang'ata Hyper branch after the retailer's auctioneer secured fresh orders from the Eldoret Magistrate's Court to enforce a distress warrant for rent.
Hot Spot Coffee Lounge says the eviction breached earlier 2024 orders issued by a Nairobi court that had barred its removal by Uchumi and interference with its business at the same premises.
"Armed individuals accompanied by police officers stormed the restaurant and made away with property worth more than Sh20 million. This was a calculated move," said Catherine Mwito, an employee of the Lounge. She added that the auctioneer alleged that the business had failed to pay Uchumi rent.
The conflicting court orders have thrown the three-year tenancy dispute into fresh focus, raising questions over how the eviction proceeded and the status of the earlier legal protections.
The latest dispute stems from proceedings filed by auctioneers, which moved to the Eldoret Magistrate's Court seeking orders linked to distress for rent against the restaurant.
On July 16, Eldoret Resident Magistrate certified the application as urgent and granted interim prayers for eviction pending a hearing of all parties scheduled for July 30.
Based on those orders, the auctioneer moved to evict the restaurant.
Hot Spot immediately returned to court seeking to overturn the ex-parte orders. The restaurant asked for the "immediate and unconditional release" of property seized during the distress and restoration to the premises occupied at Uchumi's Lang'ata Hyper branch.
The application lists coffee machines, refrigerators, freezers, chillers, display units, tables, chairs, microwave ovens, generators, kitchen equipment, deep fryers, cutlery, computers, point-of-sale machines and food stock among the assets allegedly removed during the eviction.
The restaurant further asked the court to compel the auctioneer and Uchumi to restore its peaceful possession of the business premises and sought police assistance to enforce any orders issued in its favour. It also requested leave to cross-examine auctioneer the over his affidavit of service.
The latest proceedings add another layer to a dispute that has been before multiple courts since 2024.
In May that year, the Milimani Commercial Court temporarily restrained Uchumi, its agents and contractors from interfering with Hot Spot's occupation of the Lang'ata premises.
The orders barred eviction, construction works affecting the premises, disconnection of water and electricity, obstruction of access, introduction of parking fees without notice and the sale of the property pending parties' hearing.
The tenancy dispute has also been litigated before the Business Premises Rent Tribunal, where the parties have contested termination of the tenancy, rent recovery and occupation of the premises.
The latest eviction places the Eldoret proceedings alongside the Nairobi cases, with the courts set to determine the competing applications arising from the same commercial tenancy.
