REPUBLIC OF KENYA
TENANCY AGREEMENT

BETWEEN

MARGARET LUKOYE WEKESA AND JANE

MALABA
P.O BOX 14652-00800 NAIROBI

AND

FULUSI CAPITAL
 P.O BOX 955-00242 KITENGELA-NRB.
 REPUBLIC OF KENYA
TENANCY AGREEMENT
THIS AGREEMENT made on the …15TH……….day of …NOVEMBER………….2022 between

MARGARET LUKOYE WEKESA AND JANE MALABA “the landlords” which

expression shall where the context so admits include its successors and assigns of
the one-part FULUSI CAPITAL LIMITED P.O BOX 955-00242
KITENGELA-NRB.

NICHOLAS KANGOGO (CEO) Mobile: 0722384605. (hereinafter referred to as “the

tenant) which expression shall where the context so admits include its successors
in title and assigns).
WHEREAS the Landlord is the proprietor of all that piece of Land situated at
Chwele market of Bungoma County and more particularly known as land Parcel
No. Bokoli/Chwele/2708 and whereas the Landlord has developed shops on the
said Land which the Landlord has offered and the Tenant has agreed to lease for a
period of one (1) year with effect from..…12th….day of November…..2022
IT IS HEREBY AGREED BETWEEN THE LANDLORD AND THE
TENANT THAT:
1. The landlord hereby leases to the Tenant for a term of one (1) year all the
premise comprised in the demised premises subject to all rights, easements,
privileges, restrictions, covenants and stipulations of whatever nature subject
of the payment to the Landlord of the rent and other charges herein reserved.
2. The tenant hereby accepts the tenancy of one shop being staircase shop on
the plot,
3. The tenants covenants as follows:
1. To pay to the Landlord a monthly rent of Kshs13,000.00 (Thirteen
Thousand Only) payable quarterly in advance without any deductions
whatsoever. And deposit of kshs.2500 KPLC token machine.
2. On or before the execution of this Tenancy to pay to the Landlord a
deposit rent of Kshs.13,000.00 which shall form part of security for the
full and faithful performance of every provision of this Tenancy
Agreement.
3. The Landlord acknowledges payment of Kshs39,000.00 being one month
deposit and two months’ rent (November and December 2022), thereafter
 to pay rent on quarter basis from January 2023 upon acceptance of this
offer by the tenant.
4. The rent aforesaid shall be payable on or before the 5 day of each
th

quarter.
5. The rent shall automatically be increased by 5% at the end of every year.
6. If the Tenant defaults with respect to any provision or covenant of this
Tenancy including but not limited to the provisions relating to the
payment of rent, the Landlord may in its sole and unfettered discretion
decide to take appropriate remedial action at the Tenants expense.
7. To pay all electricity, water and telephone users charges (incurred by the
Tenant) in respect of the demised premises throughout the term hereby
created.
8. To keep the interior of the premises including floors, walls, ceilings,
inside of doors, entering into corridors of the building and the glass in
windows and all fittings and fixture sufficiently cleaned and in good
tenantable repair and conditions normal wear and tear expected.
9. To use the premises strictly for ………………………………business
and not to do or carry on any business or install any equipment which
may abnormally increase the consumption of water or electricity without
the prior consent of the Landlord.
10.Not to use or suffer or permit the premises to be used for any
unauthorized or illegal purposes in contravention of the Laws or County
regulations.
11.Not to assign, sublet or part with the possession of the premises without
prior consent of the Landlord in writing. Any change in the constitution
of the Tenants Company however shall not be regarded as assigning or
subletting.
12.To make their own additional arrangements for the security of the demise
premises and their business during their tenancy. The Tenants at their
own costs may install security measures in the premises as the Tenant
may deem appropriate or which may be necessary provided always that
such arrangements shall be done with the consent of the Landlord.
13.To permit the Landlord or their agents to enter the premises and view the
condition of the premises (subject to notice (14) fourteen days in advance
and writing).
14.To yield up the premises at the expiration or sooner determination of
tenancy in good and tenantable repair and condition.
15.At the termination of this Tenancy whether by expiration of time or
forfeiture to remove the entire Tenant’s personal property from the
demised premises and upon failure to do so such property shall be
 deemed to be abandoned and the same shall be disposed of in the manner
the Landlord deems fit and convenient to them.
16.During the last three (3) months immediately preceding the expiration or
determination of the said term hereby granted to permit persons with the
written authority of the Landlord to view the premises.
4. THE LANDLORD AGREES AND COVENANTS AS FOLLOWS:
4.1The Tenant paying the rent hereby reserved and observing and
performing      several covenants and stipulations herein contained or
implied shall peacefully hold and enjoy the demised premises during the
tenancy.
4.2  To permit the Tenant to peacefully hold and enjoy the Premises during
the said term without any interruptions by the Landlord or any person or
agents rightfully claiming under or in trust for them as long as the Tenant
pays the rent hereby reserved and performs and observes the several
covenants on their part.
4.3 To carry out repairs and maintenance of all structural elements and
systems where required, to remedy structural faults or faults or construction
affecting the convenient and proper use of occupation, to maintain wear and
sewerage , to maintain wiring and electrical systems except damages done
due to negligence of the Tenant, his representatives , servants, conditions,
conduits, pipes, wire drains poles, apparatus, equipment and fittings or
relating to the drainage and sewerage of the premises or to the supply of
water and electricity.
4.4 The Landlord accepts full and sole responsibility for payment of all fees,
rental taxes, rates, duties and any other levies and charges imposed by the
National Government, County Government, Revenues Authorities, or other
Authorities in relation to the Premises.
4.5 If at any time during the time of tenancy the Premises or any part thereof
shall be destroyed or damaged by fire not occasioned by the wilful act,
neglect or default of the Tenant or his licensees, invitees, visitors or servants
or act of God or force majeure then and in any such cases and so often as the
same shall happen the rent herein before reserved of a fair and just
proportion thereof according to the nature and extent of the injury sustained
shall cease and be suspended during such period and so long as the Premises
hereby demised or the destroyed or damaged part shall remain inhabitable or
unfit for use by reason of such destruction or damage. 
 5. PROVIDED ALWAYS AND IT IS HEREBY AGREED AS
FOLLOWS:
5.1 The Landlord are the Owners of the demised premises held in fee simple.
5.2 There is no litigation or court proceedings pending in respect of the
demised premises to the best of the Landlord’s knowledge or threatened
against the property.
5.3 There are no contracts affecting the Property or the Premises which
extend beyond the effective date and which would bind the Tenant or
encumber the Premises during the term of the Tenant’s tenancy.
5.4 To the best knowledge of the Landlord, neither the whole nor any
portion of the property , including access thereto; is subject to temporary
requisition of use by the Kenyan Government or has been condemned, or
taken in any proceeding similar to a condemnation, expropriation,
requisition or similar proceeding against the property or any portion thereof.
The Landlord has received no notice nor has any other knowledge that any
such proceeding is contemplated.
5.5 The Landlord has not received notice of any violation of any Law or
regulation or covenants, conditions, restrictions or other agreements
affecting the property.
5.6 All costs and expenses incurred by the Landlord in the drafting and
preparation of this Tenancy Agreement or otherwise of the purpose of
enforcing any condition or obligation of the tenant shall be payable by the
Tenant.
5.7 After the expiry of this tenancy no relation of Landlord and Tenant shall
arise or be capable of arising otherwise than by agreement in writing signed
by both parties.
5.8 Nothing herein contained shall be deemed or construed by the parties
hereto or by nay third party as creating a relationship between the parties
hereto other than the relationship of Landlord and Tenant.
6. The Landlord hereby agrees and undertakes to indemnify and save the Tenants
harmless in the event of breach of any representation or warranty or defect in the
title of the property or any other claims out forth either by the Landlord himself, or
his legal heirs , representatives , successors or anybody , claiming any right, title,
under or in trust for the Landlord and also to reimburse all such cost and expenses
of litigation or loss or damage in the event any of the Tenant’s property in the
premises or Property or any option thereof is lost or damaged as a result of
defective title or breach of any presentation or warrant by the landlord.
7. Notwithstanding anything to the contrary herein contained or implied either
party may at any time , terminate this Agreement by giving the other party one (1)
colander month prior written notice, without necessarily stating the reasons for the
termination, subject to payment of all liabilities and costs incurred till date of
termination.
8. The rent payments shall be paid by the Tenant and collected by
MARGARETLUKOYE WEKESA AND JANE MALABA Bank Account
No.4985910018 NCBA BANK
BANK Pay Bill: 880100.
9. Any NOTICE or other communication given or made under or in connection
with the matters contemplated by this Agreement shall be in writing. Any such
notice shall be sufficiently served by delivery of the same personally or sent by
pre-paid registered post addressed to the other party concerned and failure to do so,
the aggrieved party will be paid an equivalent of two month’s rent in lieu of notice.
10. Any party shall notify the other party to this Agreement of a change to its
name, contact person, address for the purposes of this agreement provided that
such notification shall only be effective on the date specified in the notification as
the date on which the change is to take place.
IN WITNESS WHEREOF this agreement has been duly executed by and on
behalf of the parties hereto the day and year first hereinbefore written.
SIGNED BY LANDLORDs
MARGARET LUKOYE WEKESA ……………Date………………..)
JANE MALABA……………………………………Date……………….)
In the presence of:

SIGNED BY THE TENANTS 

FULUSI CAPITAL LIMITED ………………………Date……………………)

P.O BOX 955-00242,MOBILE: 0701728440

In the presence of; Advocate