NAIROBI, Kenya, Mar 12 — Businessman and Nairobi gubernatorial aspirant Irungu Nyakera has secured fresh protection orders from the Business Premises Rent Tribunal requiring parties to maintain the current situation at the disputed Fairways Hotel in Kisumu amid an escalating rent dispute with the Lake Basin Development Authority (LBDA).
In orders issued on March 11, the tribunal certified Nyakera-linked Fairways Hospitality Kisumu Limited’s application as urgent and directed that the status quo at the premises be maintained pending the hearing of the case.
The directive effectively halts any immediate action that could alter occupation or control of the property until the tribunal hears the matter.
The case, BPRT/E006/2026, pits Fairways Hospitality Kisumu against LBDA and Charcon Properties Limited.
The tribunal also directed the applicant to serve the application ahead of an inter-partes hearing scheduled for March 16 before tribunal member Patricia May.
The order, signed by Deputy Registrar Willy Maina, warns that any party disobeying the directive risks penal consequences for contempt of court.
The case, BPRT/E006/2026, pits Fairways Hospitality Kisumu against LBDA and Charcon Properties Limited/FILE/Fairways Hotels
Escalating dispute
The latest orders come a day after LBDA publicly declared the hotel a “chronic defaulter,” accusing the operator of accumulating rent arrears exceeding Sh25.9 million.
In a statement Wednesday, the authority said the dispute dates back to 2019, when Fairways Hospitality Kisumu entered into a lease agreement with the state agency.
LBDA said the hotel acknowledged a debt of over Sh27 million in June 2025 through a consent agreement and committed to a repayment plan that it allegedly failed to honour.
The authority further cited a February 12 High Court ruling that dismissed Fairways’ bid for an injunction and affirmed LBDA’s contractual right to levy distress for rent to recover arrears.
LBDA has since described the hotel’s continued occupation as trespass and accused the operators of repeatedly using court applications to delay enforcement.
The legal dispute intensified earlier this week following an early morning confrontation at the Kisumu hotel property.
Nyakera claimed a group of attackers stormed the premises, tied up staff and vandalised property before fleeing.
He said he fired two warning shots in the air as the individuals fled.
Sh235mn investment
Nyakera also accused Interior Principal Secretary Raymond Omollo of orchestrating efforts to force him out of the property — claims that have not been substantiated.
The businessman, who is patron of the Democracy for Citizens Party (DCP), insists he holds a 50-year lease for the property and has invested over Sh235 million in renovations since 2019.
The dispute has also drawn political reactions, including criticism from Kileleshwa MCA Robert Alai, who accused Nyakera of misrepresenting the dispute and failing to settle rent arrears.
Nyakera has dismissed the accusations, saying the matter is sub judice and should be determined in court.
The tribunal had previously issued interim orders on February 25 restraining LBDA from locking the premises and allowing Nyakera access.
However, execution of those orders was stayed on March 9, pending a full hearing.
With the status quo orders now in place, the tribunal will determine on March 16 whether the hotel operator can continue occupying the property or whether LBDA can proceed with enforcement measures to recover the alleged arrears.