Form LRA 62 (r.

76(1))

LEASE

-between-

IGNATIUS PANCRASS OYULA AGOLA

(the Lessor)

-and- KANINI MUTOONI

(the Lessee)

-over- __________________________________

HOUSE NUMBER 5
ERECTED ON LAND REFERENCE NUMBER 17/213 NAIROBI.

DRAWN BY:
Makhandia & Makhandia Co. Advocates
International Life House, 5th Floor
Mama Ngina Street
P. O. Box 27630–00506
NAIROBI

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Form LRA 62 (r.76(1))

REPUBLIC OF KENYA THE LAND REGISTRATION ACT THE LAND

REGISTRATION (GENERAL) REGULATIONS, 2017
__________________________________________________________________________
Date received Presentation Book Official Fees Paid

……………………. No. Kshs.

LEASE
TITLE NUMBER:

Date of Lease

Lessor IGNATIUS PANCRASS OYULA AGOLA

P.O Box 61897-00200
NAIROBI
Lessee KANINI MUTOONI
P.O Box ____________________
NAIROBI
Demised Premises ALL THAT Unit Number 5 consisting of a
5-bedroom town house and 2 detached
servant quarters erected on Land Reference
Number
17/213, Nairobi.
Term Two (2) Years

Rent monthly rent of Kenya Shillings Three

Hundred Thousand only (Kshs. 300,000).

Service Charge Included in Rent

WHEREAS:

The Lessor as legal owner of the above noted property HEREBY LEASES to the Lessee the
Demised Premises for the Term subject to the payment of the Rent and the Service Charge and
subject to the conditions set out in this Lease.

NOW THIS LEASE WITNESSETH that the Lessor HEREBY LEASES to the Lessee the
DEMISED PREMISES for the Term and for the Permitted Use EXCEPTING AND
RESERVING unto the Lessee the free and uninterrupted use the demised premises or any part
thereof subject nevertheless to determination as hereinafter provided AND SUBJECT to the
following terms and conditions:

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Form LRA 62 (r.76(1))

1 DEFINITIONS AND INTERPRETATION

1.1 In this Lease unless the context otherwise requires the following expressions have the
following meanings:

1.1.1 “Action of the Lessee” means any act omission or default of the Lessee or any under-
Lessee licensee or visitor or any other person under her or their control;

1.1.2 “Adjoining Land” means any land and/or buildings adjoining or neighbouring the
Property;

1.1.3 “Building operations” means construction, demolition, rebuilding, major or minor

structural alterations of or additions to any of the buildings, roads or structures
(whether permanent or temporary) located on the Property;

1.1.4 “Business” means the business carried on by the Lessee on the Demised Premises
from time to time which will not extend beyond residential use and associated
activities;

1.1.5 “Clean Up Costs” means costs and liabilities arising as a result of or in connection
with the presence in on or under the Demised Premises of Waste and/or Hazardous
Substances including any relating to the cleaning or removal of any substance;

1.1.6 “Conduits” means all sewers drains pipes gullies gutters ducts mains watercourses
channels subways wires cables conduits flues and other conducting media of
whatsoever nature;

1.1.7 “Deposit” means such deposit payable by the Lessee to the Lessor as set out in the
Schedule;

1.1.8 “Development” means the carrying out of Building operations, in, on, over or under
the Property, or the making of any substantial change in the use of any building(s)
situated on the Property;

1.1.9 “Environment” means land air and water or any of those media;

1.1.10 “Environmental Legislation” means the Environmental Management and Co-

ordination Act 1999 and any other Legislation which relates to the protection of the
Environment or the health and safety of humans or other living things or organisms;

1.1.11 “Hazardous Substances” means any dangerous hazardous toxic or flammable

substances materials effluents or waste pollutants contaminants oils petroleum
products radioactive substances genetically modified organisms micro-organisms or
any substances whether natural or artificial solid or liquid gas or vapour or any
mixture thereof which are or may be harmful or prejudicial to the health of any
human or other living organism or which have resulted or may result in the
pollution of the Environment;

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Form LRA 62 (r.76(1))

1.1.12 “Insured Risks” means such of the Risks and other risks against which the Property
are from time to time insured under the provisions of this Lease but subject to such
exclusions excesses and limitations as may be imposed by the insurers;

1.1.13 “Last Rent” means the monthly rent reserved by this Lease as being the rent for the
last two months of the Term;

1.1.14 “this Lease” means this lease and includes any document which is made
supplemental or which is entered into pursuant to or in accordance with the terms of
this Lease;

1.1.15 “Legislation” means any statutes and laws (whether of Parliament, County
Assembly or otherwise) which have effect or are in force from time to time and all
subordinate legislation orders rules regulations and bye-laws arising therefrom or
made pursuant thereto;

1.1.16 “Planning Acts” means the Physical Planning Act 1996, and the County
Governments Act Number 17 of 2012;

1.1.17 “Prescribed Rate” means the rate of three per centum (3 %) per month;

1.1.18 “Property” means ALL THAT piece of land (together with the improvements
thereon) situate in the City of Nairobi in the Nairobi Area containing by
measurement nought decimal nine six three six hectares (0.9636 Ha) or thereabouts
being Land Reference Number 17/213 which said piece of land with the dimensions
abuttals and boundaries thereof is delineated and described on the plan annexed to
the said Title and more particularly on Land Survey Plan Number 216276
deposited in the Survey Records Office at Nairobi SUBJECT to the Act, Special
Conditions Encumbrances and other matters specified in the Memorandum
thereunder written

1.1.19 “Rents” means all the rents reserved by and payable pursuant to clauses 2 and 3;

1.1.20 “Risks” means the risk of fire;

1.1.21 “Safety Legislation” means the Occupational Safety and Health Act 2007 and any
other Legislation which relates to the safety, health and welfare of workers and all
persons lawfully present at workplaces;

1.1.22 “Term” means the term of years granted by this Lease;

1.1.23 “Term Commencement Date” means the date of commencement of the Term as set
out in the Schedule;

1.1.24 “Termination of the Term” means the expiration or sooner determination of the
Term;

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Form LRA 62 (r.76(1))

1.1.25 “Utilities” means electricity, telephone, telegraphic and other telecommunications,

internet and other services and supplies of whatsoever nature including emergency
power and water supplies; and

1.1.26 “Value Added Tax” means Value Added Tax and/or any tax of a similar nature that
may be substituted for it or charged or levied instead of or in addition to it.

1.2 UNLESS there is something in the subject or context inconsistent therewith:

1.2.1 the Lessor includes the successors in title and assigns of the Lessor;

1.2.2 words importing persons shall include firms companies and corporations and vice
versa;

1.2.3 any covenant by the Lessee not to do any act or thing shall include an obligation not
to permit or suffer such act or thing to be done;

1.2.4 to be effective any consent approval or licence of the Lessor required by or to be

given pursuant to this Lease must be in writing signed by or on behalf of the Lessor;

1.2.5 any reference to a statute (whether specifically named or not) shall include any
amendment or re- enactment of such statute for the time being in force and all
instruments orders notices regulations directions bye-laws permissions and plans for
the time being made issued or given there-under or deriving validity there-from;

1.2.6 references to “the Property” in the absence of any provision to the contrary includes
any part thereof;

1.2.7 the titles or headings appearing in this Lease are for reference only and shall not affect
its construction; and

1.2.8 any reference to a clause paragraph or schedule shall mean a clause paragraph or
schedule of this Lease.

2 RENTS AND GUARANTEE

2.1 The Lease has been granted SUBJECT TO the Lessee YIELDING AND PAYING unto the
Lessor during the Term the rents as set out in the Schedule in each case the said rent to be
paid monthly in advance (the first such payment being on the Term Commencement Date)
without any deduction or set-off whatsoever (by real time gross settlement - RTGS,
standing order or any other form prescribed in writing from time to time by the Lessor).

2.2 From the date hereof interest on any of the foregoing rents to be paid whether formally
demanded or not pursuant to clause 3.2.

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Form LRA 62 (r.76(1))

2.3 In consideration of the Lease herein contained being made by the Lessor the Lessee hereby
agrees and guarantees to the Lessor and to any successor in title of the Lessor that at all
times so long as the term hereby granted together with any extension thereof is vested in
the Lessee, the Lessee will pay the rent hereby reserved and all other sums and payments
herein covenanted to be paid by the Lessee at the times and in manner herein appointed for
payment thereof and will also duly perform observe and keep the several stipulations on the
Lessee's part contained and that the Lessee will pay and make good to the Lessor its
successor all losses costs and expenses sustained by the Lessor or its successor through any
default of the Lessee in respect of any of the before mentioned matters PROVIDED
ALWAYS that any neglect or forbearance of the Lessor or its successor in endeavouring to
obtain payment of the rent and payments as the same become due or his delay to take steps
to enforce performance or observance of the stipulations herein on the Lessee's part
contained and any time or other indulgence which may be given to the Lessee shall not
release or in any way lessen or affect the liability of the Lessee.

3 LESSEE'S COVENANTS

The Lessee HEREBY COVENANTS with the Lessor as follows:

3.1 Rents & Service Charge

To pay the Rents and Service Charge reserved at the times and in the manner aforesaid
without any deduction set-off or counterclaim whatsoever (by RTGS, standing order,
banker's cheque or such other form as the Lessor may prescribe).

3.2 Interest on arrears

Without prejudice to any other right remedy or power herein contained or otherwise
available to the Lessor if any of the Rents (whether formally demanded or not) or any other
sum of money payable to the Lessor by the Lessee under this Lease shall remain unpaid for
more than Seven (7) days after the date when payment was due to pay interest thereon at a
Rate of three percent (3%) to be calculated on a monthly basis from and including the date
when payment was due to the date of payment to the Lessor (both before and after any
judgment) PROVIDED THAT if the Lessor declines to accept any Rent so as not to waive
any existing breach or alleged breach of covenant to pay interest thereon at the Prescribed
Rate from and including the date on which payment of such Rent was due to the date when
payment is accepted by the Lessor.

3.3 Deposit

Before the Term Commencement Date to pay the Deposit as security for the performance
by the Lessee of its obligations under the Lease.

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Form LRA 62 (r.76(1))

3.4 Utilities

3.4.1 To pay to the suppliers of the Utilities and to indemnify the Lessor against all charges
for Utilities consumed at or in relation to the Demised Premises and if the Utilities
are provided by the Lessor then to pay to the Lessor all charges for such Utilities
consumed at or in relation to the Demised Premises within seven days of the Lessor
issuing an invoice to the Lessee in respect of such Utilities.

3.4.2 To pay the cost of installing and maintaining suitable meters for measuring electricity,
water or other utility consumption on the Demised Premises as and when they are
required by any Utility provider.

3.4.3 The Lessor shall be under no obligation whatsoever to provide any of Utilities not
currently in the premises and in these circumstances the Lessor shall not be
responsible for any loss or damage caused by the non-provision of any of the
Utilities.

3.5 Repairs

To repair and keep in good and substantial repair and condition the Demised Premises and
(so far as may be necessary to fulfil this obligation) to rebuild reinstate or renew any part or
parts of the Demised Premises and the Lessor's fixtures and fittings (damage by the Insured
Risks excepted unless payment of any insurance moneys shall be withheld by reason of any
Action of the Lessee) and when necessary to replace any of the Lessor's fixtures and
fittings which may be or become beyond repair with new ones which are similar in type
and quality.

3.6 Re-painting

3.6.1 In the last month of the Term howsoever determined in a good and workmanlike
manner to prepare and decorate (with two coats at least of good quality paint) or
otherwise treat as appropriate all interior parts of the Demised Premises required to
be so treated and as often as may be reasonably necessary to wash down all tiles
glass glazed bricks and similar washable surfaces such decorations and treatment in
the last year of the Term to be executed in such colours and materials as the Lessor
may reasonably require.

3.7 Security

To maintain (at the Lessee’s own cost) at all times adequate security inside the Demised
Premises to reduce the risk of burglary and theft.

3.8 Cleaning

To keep the Demised Premises in such clean and tidy condition as is reasonably consistent
with the Lessee's user thereof and at least one in every three months properly to clean both
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Form LRA 62 (r.76(1))

sides of all windows and window frames and all other glass in the Demised Premises and in
the entrance doors of the Demised Premises.

3.9 Yield up

3.9.1 At the Termination of the Term quietly to yield up the Demised Premises to the
Lessor in good and substantial repair and condition in accordance with the
covenants by the Lessee contained in this Lease.

3.9.2 Immediately prior to the Termination of the Term at the cost of the Lessee:

3.9.2.1 to replace any of the Lessor's fixtures and fittings which shall be missing
broken damaged beyond repair or destroyed with new ones of similar kind
and quality or (at the option of the Lessor) to pay to the Lessor the cost of
replacing any of the same;

3.9.2.2 to remove from the Demised Premises any moulding sign writing or
painting of the of the Lessee or occupiers and all Lessee's moveable fixtures
fittings furniture and effects and to make good to the reasonable satisfaction
of the Lessor all damage caused by such removal; and

3.9.2.3 only if so required by the Lessor but not otherwise to remove and make
good all alterations and additions made to the Demised Premises by the
Lessee after the date hereof during the Term and well and substantially to
reinstate the Demised Premises in such manner as the Lessor shall direct and
to its reasonable satisfaction.

3.10 Rights of entry by Lessor

To permit the Lessor and all persons authorised by him with all necessary materials and
appliances at all reasonable times upon reasonable prior written notice (except in cases of
emergency) to enter and remain upon the Demised Premises for any of the following
purposes:

3.10.1 to view and examine the state and condition of the Demised Premises and to take
schedules or inventories of the Lessor's fixtures;

3.10.2 to exercise any of the rights excepted and reserved by this Lease;

3.10.3 for any other purpose connected with the interest of the Lessor in the Property
including but not limited to valuing or disposing of any interest of the Lessor.

3.11 To comply with notices

Whenever the Lessor shall give written notice to the Lessee of any breaches of the Lessee's
covenants relating to the condition or state of repair or decoration of the Demised Premises

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Form LRA 62 (r.76(1))

the Lessee shall as soon as is reasonably practicable or as specified in the notice but in any
event within two months of such notice make good and remedy the breach of covenant to
the reasonable satisfaction of the Lessor and if the Lessee shall fail within twenty-one days
of such notice or as soon as reasonably possible in the case of emergency to commence and
then diligently and expeditiously to continue to comply with such notice the Lessor may
enter the Demised Premises and carry out or cause to be carried out all or any the works
referred to in such notice and all reasonable costs and expenses thereby incurred shall be
paid by the Lessee to the Lessor on demand and in default of payment shall be recoverable
as rent in arrears.

3.12 Dangerous materials and use of machinery

3.12.1 Not to bring in to the Demised Premises or keep in the Demised Premises (without
the written consent of the Lessor which can be withheld for any reason whatsoever
or which can be given with conditions) any article or thing which is or might
become dangerous offensive combustible inflammable radio-active or explosive or
which might increase the risk of fire or explosion.

3.12.2 Not to keep or operate in the Demised Premises any machinery which shall be
unduly noisy or cause vibration or which is likely to annoy or disturb occupiers of
the Adjoining Units (without the written consent of the Lessor which can be
withheld for any reason whatsoever or which can be given with conditions).

3.13 Overloading

Not to overload the floors of the Demised Premises or suspend any excessive weight from
the roofs ceilings, walls. stanchions or structure of the Demised Premises or do any other
thing which may subject the Demised Premises to any strain beyond that which it is
designed to bear with due margin for safety and to pay to the Lessor on demand all costs
reasonably incurred by the Lessor in obtaining the opinion of a qualified structural engineer
as to whether the structure of the Demised Premises is being or is about to be overloaded.

3.14 Conduits

3.14.1 Not to discharge into any Conduits, any oil or grease or any noxious or deleterious
effluent or substance whatsoever which may cause an obstruction or might be or
become a source of danger or which might injure the Conduits of or servicing the
Property.

3.14.2 Not to overload the Conduits in or serving the Demised Premises.

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Form LRA 62 (r.76(1))

3.15 Disposal of refuse

Not to deposit any rubbish or refuse of any kind other than in proper receptacles provided
for the purpose or as may be designated by the Lessor and not to burn any rubbish or refuse
on the Property.

3.16 User

3.16.1 To use the Property solely for Residential use and for no other purposes without the
prior written consent of the Lessor and not to permit any person to conduct business
on the Demised Premises; and

3.16.2 Prohibited users

3.16.2.1 Not to use the Demised Premises or any part thereof for any purpose other
than that specified in this Lease.

3.16.2.2 Not to use the Demised Premises or any part thereof for any public or
political meeting, public exhibition or public entertainment show or
spectacle of any kind nor for any dangerous noisy noxious or offensive trade
business or occupation whatsoever nor for any illegal or immoral purpose.

3.17 Nuisance

Not to do anything in or about the Demised Premises which may be or become a nuisance
or which may cause damage annoyance inconvenience or disturbance to the Lessor or
occupiers of the Premises or the Adjoining Land or which may be injurious to the value
tone amenity or character of the Property.

3.18 Unoccupied Demised Property

Not to cease residing in the Demised Premises or leave the Demised Premises continuously
unoccupied for more than thirty days without notifying the Lessor and without providing
for adequate care taking and security services as the Lessor and any insurers of the Property
may require in order to protect the Property from vandalism theft damage or unlawful
possession.

3.19 Alterations

3.19.1 Not to erect any new building or structure on the Property or any part thereof nor to
alter add to or change the height elevation or exterior of the Property or the external
architectural or decorative design or appearance of the Property nor to merge the
Property with any adjoining premises without obtaining the prior written consent of
the Lessor.

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Form LRA 62 (r.76(1))

3.19.2 Not to alter, divide, cut, maim, injure or remove any of the principal or load- bearing
walls floors beams or columns or the main frame of the Property nor to make any
other alterations or additions of a structural nature to the Property without obtaining
the prior written consent of the Lessor.

3.19.3 Not to make any hole or other openings through the floor slab of the Demised
Premises without obtaining the prior written consent of the Lessor.

3.19.4 Not to make any alterations or additions to the Lessor's fixtures and fittings or to any
Conduits without obtaining the prior written consent of the Lessor such consent not
to be unreasonably withheld.

3.19.5 Not to make any alterations or additions of a non-structural nature to the Property
(including landscaping) without obtaining the prior written consent of the Lessor
such consent not to be unreasonably withheld PROVIDED THAT the Lessor shall
be entitled to withhold its consent if any such alterations or additions reduce the
Gross Internal Area of the Property.

3.19.6 The Lessor may as a condition of giving any such consent require the Lessee to enter
into such covenants as the Lessor shall reasonably require regarding the execution
of any such works and the reinstatement of the Property/Demised Premises at the
Termination of the Term.

3.19.7 Unless the Lessor otherwise requires to remove any alterations or additions and
reinstate the Property at the Termination of the Term.

PROVIDED that nothing in this clause 3.19 shall prevent the Lessee from erecting,
altering or removing, internal non-structural partitions within the Demised Premises and
FURTHER PROVIDED THAT unless the Lessor requires the Lessee to remove any
alterations to which it has consented to and reinstate the Property to its original state then
all such alterations shall enure for the benefit of the Lessor and the Lessee shall not be
entitled to any compensation for such alterations.

3.20 Limits on use of Electricity and alterations to Electrical Equipment

3.20.1 To ensure that at all times the Lessee’s use of electric current on the Demised
Premises shall never exceed the capacity of the existing feeders to the Property; and

3.20.2 Not to make any alterations or additions to the electrical equipment or appliances
installed in the Property (even if the said equipment or appliances have been
installed by the Lessee) without the prior written consent of the Lessor. In the event
the Lessee requires any riser or risers for the supply of the Lessee’s electrical
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Form LRA 62 (r.76(1))

requirements the Lessee shall make written request therefor to the Lessor. The
Lessor shall if in its sole judgement (which judgement will be final and binding
upon the Lessee) decide whether or not to permit the installation of such riser or
risers as are necessary and/or whether or not such riser or risers will cause damage
or injury to the Property or any part of it or to the electrical circuits to the Property
or cause or create a dangerous or hazardous condition or entail extensive or
unreasonable alterations repairs or expense. If the Lessor decides to permit such
riser or risers then the Lessee at the sole cost and expense of the Lessee and subject
to the aforesaid terms and conditions also install in addition to such riser or risers all
other equipment proper and necessary in connection therewith.

3.21 Insurance

To adequately insure all equipment, machinery, fixtures, fittings, plate glass and all
contents on or in the Demised Premises against all normal commercial risks (including theft
and fire) and to maintain adequate Occupant’s Liability and Public Liability insurance and
to hold the Lessor Indemnified against any loss damage or injury caused due to any
equipment, machinery, fixtures, fitting and all contents on or inside the Demised Premises
or any person in or on the Property (including any employee or agent or licensee of the
Lessee).

3.22 Defective Demised Property

To give notice to the Lessor of any defect in the Demised Premises which might give rise to
any obligation on the Lessor to do or refrain from doing any act or thing in order to comply
with the provisions of this Lease or any duty of care imposed on the Lessor by any
Legislation and at all times to display any notices which the Lessor may from time to time
require to be displayed at the Property.

3.23 Alienation

3.23.1 Not to assign sub-let or part with possession of the Demised Premises or any part
thereof or share the occupation of any part or parts (as distinct from the whole) of
the Demised Premises
AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED THAT upon
any breach by the Lessee of this covenant it shall be lawful for the Lessor to re-
enter upon the Demised Premises without notice and thereupon the Term of this
Lease shall determine absolutely.

3.23.2 The Lessor may grant its consent under clause 3.24.2 on such conditions as it may
see fit or it may withhold or delay its consent, at its sole discretion.

3.23.3 If the Lessor (at its sole discretion) gives consent as set out above, the instrument of
transfer or subletting shall be subject to approval of the Lessor's advocates at the
cost of the Lessee AND the Lessee will also on demand pay to the Lessor's
managing agent a fee in respect of services rendered by it in connection with any
transfer or subletting pursuant to the provisions of this sub-clause. Any agreement
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Form LRA 62 (r.76(1))

of subletting shall contain an unqualified covenant by the sub-lessee in the same

terms as this sub-clause 3.24.

3.24 Lessor's costs

To pay and indemnify the Lessor against all costs fees charges disbursements and expenses
properly incurred by the Lessor including but not limited to those payable to advocates:

3.24.1 In relation to or in contemplation of the preparation and service of all notices and
schedules relating to wants of repair whether served during or after the expiration of
the Term;

3.24.2 In connection with the recovery or attempted recovery of arrears of Rents or other
sums due from the Lessee or in procuring the remedying of the breach of any
covenant by the Lessee;

3.24.3 In relation to any application for consent required or made necessary by this Lease
(such costs to include reasonable management fees and expenses) whether or not the
same is granted (except in cases where the Lessor is obliged not to unreasonably
withhold its consent and the withholding of its consent is held to be unreasonable)
or the application is withdrawn;

3.24.4 In relation to any costs arising from the inspection of the Property upon the expiry or
determination of the Term leading to the preparation and service of a schedule of
dilapidations during or after the expiration of the Term; and

3.24.5 In relation to the cost of negotiation preparation execution and grant of this Lease
(including legal fees) as well as stamp duty payable (if any) hereon and on any
counterpart of the Lease.

3.25 Environmental Safety and Safety Legislation

3.25.1 To comply in all respects with the provisions and requirements of all Environmental
Legislation, and Safety Legislation together with all consents required to be
obtained there-under insofar as the same relate to or affect the Property or the
Business in consequence of any operations works acts or things at any time carried
out or omitted on the Demised Premises during the Term.

3.25.2 Not to make any application for any consent required under Environmental
Legislation, and Safety Legislation nor commence any prescribed process without
the prior consent of the Lessor (such consent not to be unreasonably withheld in
respect of any matter for which the Lessor's approval or consent may not be
unreasonably withheld under this Lease).

3.25.3 So often as occasion shall require at the expense in all respects of the Lessee (having
obtained the Lessor's consent) to obtain all such consents as may be required for the
carrying or movement of any Waste or Hazardous Substances on or from the

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Form LRA 62 (r.76(1))

Property and to provide the Lessor with a copy of any such consent obtained by the
Lessee.

3.25.4 To give notice to the Lessor immediately upon becoming aware of any formal or
informal notice complaint enquiry information or communication being received by
the Lessee or any circumstances arising which may lead to any consent referred to
in clause 3.25.2 being suspended revoked cancelled restricted amended or not
renewed to any degree and at the request of the Lessor to make or join in making
such objections representations or other remedial action in respect thereof as the
Lessor may reasonably require.

3.25.5 To maintain in accordance with Environmental Legislation full and accurate records
relating to the carrying on of any process and disposal of any Waste or Hazardous
Substances on or from the Property (including without limitation written contracts
with third party waste disposal contractors and transfer notes) and to permit the
Lessor to inspect the same at all reasonable times.

3.26 Statutory requirements

3.26.1 At the Lessee's own expense to comply in all respects with all Legislation relating to
the Demised Premises or the user thereof and all other obligations imposed by law
relating to the Demised Premises their condition or the user thereof.

3.26.2 To execute all works and provide and maintain all arrangements upon or in respect
of the Demised Premises or the user thereof which are directed or required (whether
by the Lessor Lessee or occupier) by any Legislation and to indemnify and keep the
Lessor indemnified against all costs charges fees and expenses of or incidental to
the execution of any works or the provision or maintenance of any arrangements so
directed or required.

3.26.3 Not to do or omit to be done in or near the Demised Premises any act or thing by
reason of which the Lessor may under any Legislation incur or have imposed upon
it or become liable to pay any penalty damages compensation costs charges or
expenses.

3.27 Statutory notices

Within 14 days of receipt of the same (or sooner if requisite having regard to the
requirements of the notice or order in question or the time limits stated therein) to produce
to the Lessor a true copy and any further particulars required by the Lessor of any notice or
order or proposal for the same given to the Lessee and relevant to the Demised Premises or
the occupier thereof by any government department or local or public authority and without
delay to take all necessary steps to comply with the notice or order so far as the same is the
responsibility of the Lessee and at the request of the Lessor but at the cost of the Lessee (or
at the cost of the Lessor if the Lessee is unlikely to obtain any benefit from any objection or
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Form LRA 62 (r.76(1))

representation) to make or join with the Lessor in making such objection or representation
against or in respect of any such notice order or proposal as the Lessor shall deem
expedient.

3.28 Planning Acts

3.28.1 To comply with the provisions and requirements of the any legislation relating to
planning and of any planning permissions relating to or affecting the Property and
to indemnify and keep the Lessor indemnified against all actions proceedings claims
demands losses costs expenses damages and liability whatsoever in respect of any
non- compliance.

3.28.2 Not to make any application for planning permission in respect of the Demised
Premises without the prior written consent of the Lessor.

3.28.3 At the expense of the Lessee to obtain and if appropriate to renew all planning
permissions and any other consents and to serve all necessary notices required for
the carrying out by the Lessee of any operations or the commencement or
continuance of any use on the Demised Premises which may constitute a
development requiring planning permission.

3.28.4 To pay and satisfy any charge or levy imposed under any planning Legislation in
respect of any development requiring planning permission by the Lessee on the
Demised Premises.

3.28.5 Not to implement any planning permission before it has been produced to and
approved in writing by the Lessor such approval not to be unreasonably withheld
PROVIDED THAT the Lessor may refuse to approve such planning permission on
the grounds that any condition contained in it or anything omitted from it or the
period referred to in it would in the reasonable opinion of the Lessor be or be likely
to be prejudicial to the Lessor's interest in the Property whether during or following
the Termination of the Term.

3.28.6 Unless the Lessor shall otherwise direct in writing to carry out and complete before
the Termination of the Term:

3.28.6.1 any works required to be carried out to the Demised Premises as a

condition of any planning permission granted during the Term and
implemented by the Lessee whether or not the date by which such planning
permission requires such works to be carried out is within the Term; and

3.28.6.2 any development requiring planning permission begun upon the Demised
Premises by the Lessee in respect of which the Lessor shall or may be or
become liable for any charge or levy under any planning legislation.

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Form LRA 62 (r.76(1))

3.28.7 To produce to the Lessor on demand all plans documents and other evidence as the
Lessor may reasonably require in order to satisfy itself that the Lessee has complied
with the provisions of this clause.

3.28.8 In any case where a planning permission has been granted subject to conditions the
Lessor shall be entitled where it is reasonable to do so to require the Lessee to
provide security for the compliance with such conditions and the Lessee shall not
implement the planning permission until security shall have been provided to the
reasonable satisfaction of the Lessor.

3.28.9 Not to make or lodge with the local planning authority or any other competent
department court or tribunal any objection to any application for planning
permission made by the Lessor in respect of the Demised Premises, the Property or
any part of it.

3.29 Fire precautions and equipment

3.29.1 To comply with the requirements of the fire authority the insurers of the Property
and all reasonable requirements of the Lessor in relation to fire precautions affecting
the Property.

3.29.2 To keep the Demised Premises supplied and equipped with such firefighting and
extinguishing appliances as shall be required by any statute the fire authority or the
insurers of the Property or as shall be reasonably required by the Lessor (or at the
Lessor's option to pay to the Lessor on demand the cost of providing and installing
any of the same) and such appliances shall be open to inspection and shall be
maintained to the reasonable satisfaction of the Lessor.

3.29.3 Not to obstruct the access to or means of working any firefighting and extinguishing
appliances or the means of escape from the Property in case of fire or other
emergency.

3.30 Encroachments and easements

Not to stop up, darken or obstruct any of the windows or lights belonging to the Demised
Premises and not to permit any new window, light opening, doorway, passage, Conduit or
other encroachment or easement to be made or acquired into upon or over the Demised
Premises or any part thereof and in case any person shall attempt to make or acquire any
encroachment or easement whatsoever to give written notice thereof to the Lessor
immediately the same shall come to the notice of the Lessee and at the request of the Lessor
but at the cost of the Lessee or at the cost of the Lessor if the Lessee is unlikely to obtain
any benefit from such action to adopt such means as may be reasonably required by the
Lessor for preventing any such encroachment or the acquisition of any such easement.

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Form LRA 62 (r.76(1))

3.31 Plans, Documents and Information

If so requested by the Lessor, to produce to the Lessor all plans, documents and other
evidence as the Lessor may require in order to satisfy itself that the provisions of this Lease
have been complied with.

3.32 Sale and re-letting notices

To permit the Lessor at any time during the Term in the case of a sale and during the last
two months of the Term in the case of re-letting to enter upon the Demised Premises and
affix and retain without interference upon any suitable parts of the Demised Premises (but
not so as materially to affect the access of light and air to the Demised Premises) notices for
selling or re-letting the same and not to remove or obscure the said notices and to permit all
persons with the written authority of the Lessor to view the Demised Premises at all
reasonable hours in the daytime upon prior appointment having been made.

3.33 Lessor's regulations

To comply with all reasonable regulations made by the Lessor from time to time and
notified to the Lessee in writing for the general management and security of the Demised
Premises and other areas.

3.34 Indemnity

To keep the Lessor fully indemnified from and against all actions proceedings claims
demands losses costs expenses damages and liability arising in any way directly or
indirectly out of:

3.34.1 any Action of the Lessee;

3.34.2 any breach of the Lessee's covenants or the conditions and other provisions
contained in this Lease;

3.34.3 any duty or obligation imposed upon the Lessor under any Environmental
Legislation in force and any Clean Up Costs incurred by the Lessor in consequence
of any operations works acts or things at any time carried out or omitted to be
carried on the Demised Premises;

3.34.4 the presence of any waste material or Hazardous Substances at the Demised
Premises in consequence of any operations works acts or things at any time carried
out or omitted to be carried out on the Demised Premises.

3.35 Taxation

Notwithstanding anything contained in this Lease not to do on or in relation to the Demised

Premises or any part thereof or in relation to any interest of the Lessor therein any act or
thing (other than the payment of the Rents) which shall render the Lessor liable for any tax

17
Form LRA 62 (r.76(1))

levy charge or other fiscal imposition of whatsoever nature and not to dispose of or deal
with this Lease in such a way that the Lessor shall be or become liable for any such tax levy
charge or fiscal imposition.

3.36 Value Added Tax

To pay any Value Added Tax (if any shall be so imposed by the Government during the
tenure of the lease) at the rate for the time being in force chargeable in respect of any
payments made by the Lessee to the Lessor or any person on the Lessor's behalf and in
default of payment the same shall be recoverable as rent in arrears. The Value Added Tax
shall be payable together with the rent as is provided herein.

4 LESSOR'S COVENANTS

The Lessee paying the Rent and Service Charge and performing and observing the
covenants conditions and agreements on the part of the Lessee herein contained the Lessor
HEREBY COVENANTS with the Lessee as follows:

4.1 Quiet Enjoyment

That the Lessee shall and may peaceably hold and enjoy the Demised Premises during the
term hereby granted without any interruption by the Lessor or any person lawfully claiming
through under or in trust for it.

4.2 Structural Repairs

To carry out repairs to the main structure of the Property or to the Lessor’s fixtures and
fittings which may become necessary at any time during the Term by reason of damage to
the main structure of the Property or by reason of any breach or non-performance of the
obligations of the Lessor under this Clause but so that the liability of the Lessor under this
Clause shall only extend to repairs that become necessary other than by reason of damage
caused by the Lessee or the servants licensees or invitees of the Lessee.

4.3 Payment of Land Rent and Rates

The Lessor shall pay all land rent, rates, taxes, charges and head rents which now are or
hereafter may become payable in respect of the Property or any part thereof.

4.4 Deposit

Within thirty days of the expiry or the termination of the Term and after delivery up of the
Demised Premises in proper condition and in accordance with the Lessee’s covenants
herein the Lessor will refund to the Lessee the Deposit free of any interest.

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Form LRA 62 (r.76(1))

5 INSURANCE

5.1 Lessor to insure

The Lessor shall insure and keep insured with some reputable insurance company or with
reputable underwriters and through such agency as the Lessor may from time to time
determine the Property (other than plate glass) subject to such exclusions excesses and
limitations as may be imposed by the insurers in the full reinstatement cost of the Property
including architects' surveyors' and other professional fees (and Value Added Tax thereon)
and expenses incidental thereto the cost of shoring up demolition and site clearance and
similar expenses against loss or damage by any Risks that the Lessor may deem expedient
on terms it thinks reasonable.

5.2 Lessor's fixtures

The Lessee shall notify the Lessor in writing of the full reinstatement cost of any fixtures
and fittings installed at any time by the Lessee and which are or may become Lessor's
fixtures and fittings for the purpose of enabling the Lessor to effect adequate insurance
cover for the same.

5.3 Lessor to produce evidence of insurance

At the request of the Lessee the Lessor shall produce to the Lessee reasonable evidence
from the insurers of the terms of the insurance policy and the fact that the policy is
subsisting and in effect.

5.4 Destruction of the Property

If the Property or any part thereof are destroyed or damaged by any of the Insured Risks so
as to render the Property unfit for use and occupation or inaccessible then:

5.4.1 unless payment of the insurance moneys shall be refused in whole or in part by reason
of any Action of the Lessee; and

5.4.2 subject to the Lessor being able to obtain any necessary planning permission and all
other necessary licences approvals and consents in respect of which the Lessor shall
use its reasonable endeavours to obtain but shall not be obliged to institute any
appeals; and

5.4.3 subject to the necessary labour and materials being and remaining available, the
Lessor shall lay out the net proceeds of such insurance other than any in respect of
loss of any Rents and liability to third parties in the rebuilding and reinstatement of
the Property so destroyed or damaged substantially as the same were prior to any
such destruction or damage (but not so as to oblige the Lessor to provide identical
accommodation if it would not be reasonably practical to do so) provided always
that the Lessor shall not be liable to rebuild or reinstate the Property so destroyed or
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Form LRA 62 (r.76(1))

damaged if the Lessor is unable to obtain the necessary permissions and other
licences approvals and consents in accordance with clause 5.4.2 above or if the
rebuilding or reinstatement shall be prevented or frustrated for any other reason
beyond the control of the Lessor in which event all the insurance moneys shall be
the absolute property of the Lessor.

5.5 Payment of insurance moneys refused

If the payment of any insurance moneys is refused as a result of some Action of the Lessee
the Lessee shall pay to the Lessor on demand the amount so refused with interest thereon at
the Prescribed Rate from the date of the event giving rise to the insurance claim to the date
of payment to the Lessor.

5.6 Cesser of Rent

If the Demised Premises or any part thereof are destroyed or damaged by any of the Insured
Risks so as to render the Demised Premises unfit for use and occupation or inaccessible and
the insurance shall not have been vitiated or payment of the policy moneys refused in
whole or in part as a result of some Action of the Lessee then the rent reserved or a fair
proportion thereof according to the nature and extent of the damage sustained shall be
suspended until the Demised Premises or the part destroyed or damaged shall be again
rendered fit for use and occupation and accessible and any dispute regarding the cesser of
the rent shall be referred to a single arbitrator to be appointed in default of agreement upon
the application of either party by or on behalf of the President for the time being of the Law
Society of Kenya and in accordance with the provisions of the Arbitration Act
PROVIDED THAT the Lessor shall in no way be liable to the Lessee for any damage or
loss or loss of profit or income suffered by the Lessee by reason of loss of occupation of the
Demised Premises or any part thereof due to destruction or damage to the Demised
Premises or any part thereof.

5.7 Benefit of other insurance

If the Lessee becomes entitled to the benefit of any insurance on the Demised Premises
which is not effected or maintained in pursuance of the obligations herein contained, then
the Lessee shall apply all moneys received from such insurance in making good the loss or
damage in respect of which the same shall have been received.

5.8 Insurance becoming void

The Lessee shall not do or omit to do anything that could cause any policy of insurance in
respect of or covering the Property or the Demised Premises or any adjoining property
owned by the Lessor to become void or voidable wholly or in part nor anything whereby
any abnormal or loaded insurance premium may become payable.

20
Form LRA 62 (r.76(1))

5.9 Requirements of the insurers

The Lessee shall at all times comply with all the requirements of the insurers so far as such
requirements are notified to the Lessee.

5.10 Notice by Lessee

The Lessee shall give notice to the Lessor forthwith upon the happening of any event or
thing which might affect any insurance policy relating to the Property or lead to a claim
there-under.

6 PROVISOS

PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED as

follows:

6.1 Forfeiture

Without prejudice to any other right remedy or power herein contained or otherwise
available to the Lessor:

6.1.1 If the Rents reserved by this Lease or any part thereof or any other sums due to the
Lessor under this Lease shall be unpaid for seven (7) days after becoming payable
(whether formally demanded or not); or

6.1.2 If any of the covenants by the Lessee contained in this Lease shall not be performed
and observed; or

6.1.3 If the Lessee not being a company commits any act of bankruptcy or is adjudged
bankrupt or makes any assignment for the benefit of its creditors or enters into any
agreement or makes any arrangement with its creditors for liquidation of its debts
by composition or otherwise; or

6.1.4 if the Lessee being a company enters into liquidation whether compulsory or
voluntary (save a voluntary liquidation for the purpose of amalgamation or
reconstruction)

then and in any such case it shall be lawful for the Lessor at any time thereafter to
enter into and upon the Demised Premises or any part thereof in the name of the
whole and execute an assignment of this Lease from the Lessee to the Lessor for
which purpose the Lessee hereby constitutes the Lessor its true and lawful attorney
or the same to have again repossess and enjoy as in its former estate anything herein
contained to the contrary in anywise notwithstanding without prejudice to any right
of action or remedy of the Lessor in respect of any antecedent breach of any of the
covenants and agreements by the Lessee hereinbefore contained and at the Lessor's
option without merging this Lease into the Lessor's reversion herein to keep it alive
21
Form LRA 62 (r.76(1))

and to continue the sub-leases then in force as if they had originally been made
between the Lessor and the sub-Lessees as its direct Lessees PROVIDED
ALWAYS that in the event of any breach of any of the covenants agreements
conditions restrictions stipulations or provisions (save only that in respect of the
payment of rent or of any additional rent) the Lessor shall not be entitled to exercise
the said right of re-entry unless the Lessor shall first give the Lessee Seven (7)
days’ notice of the breach complained of and the Lessee shall fail to remedy the
same before the expiration of such notice.

6.2 Limit of Lessor's liability

6.2.1 The Lessor shall be under no greater liability than the obligation involved in the
common duty of care as defined by the Occupiers Liability Act (Cap 24 of the Laws
of Kenya) for any loss damage or injury to the Lessee or its servants, licensees or
invitees or the property of such persons caused by:

6.2.1.1 Any lack or shortage of electricity water or drainage;

6.2.1.2 Overflow of water to the Property;

6.2.1.3 Any burglary or theft;

6.2.1.4 Any act or default (negligent or otherwise) of any of the Lessor's servants;
or

6.2.1.5 Any fire howsoever occurring,

AND the Lessee shall indemnify the Lessor against all claims actions and proceedings by
the servants, licensees or invitees of the Lessee in respect of such loss damage or injury.

6.2.2 No liability shall attach in respect of any breach of any positive covenant or
agreement (other than the covenants and agreements for the payments of money) on
the part of the Lessor or the Lessee herein contained or implied so long as they shall
be prevented from performing the same by any restrictions in any Legislation or
non-availability of labour or materials or matters beyond their control except that if
such breach shall occur as aforesaid the Lessor or the Lessee as the case may be
shall remedy such breach immediately conditions permit and in the event of any
such breach of any covenant or agreement on the part of the Lessee not having been
remedied before the expiration or sooner termination of the Term the Lessee shall
forthwith upon such expiration or sooner termination pay to the Lessor such an
amount as shall be necessary to remedy such breach as aforesaid.

6.3 Repairs effected by Lessor

No allowance shall be made to the Lessee for a diminution of rental value and no liability
shall fall on the Lessor by reason of any reasonable inconvenience annoyance or injury to
their occupation arising from the Lessor or the Lessee or others making any repairs

22
Form LRA 62 (r.76(1))

additions or improvements in or to any portion of the Demised Premises or in or to any

fixtures or equipment thereof nor shall any liability fall on the Lessor for failure by it or by
others to make any repairs alterations additions or improvements in or to any portion of the
Property or any fixtures and fittings thereof PROVIDED THAT the Lessee shall be given
reasonable notice of the works to be effected and that all works will be completed with
diligent speed.

6.4 Representation

The Lessee acknowledges that this Lease has not been entered into in reliance wholly or
partly on any statement or representation made by or on behalf of the Lessor except any
such statement or representation that is expressly set out in this Lease.

6.5 Exclusion of use warranty

Nothing in this Lease or in any consent granted by the Lessor under this Lease shall imply
or warrant that the Demised Premises may lawfully be used under any enactment or statute
for the purposes authorised in this Lease (or any purpose subsequently authorised).

6.6 Assignment by Lessor

The Lessor may assign the benefits and its rights and obligations under this Lease at any
time.

6.7 Effect of waiver

Each of the Lessee's covenants shall remain in full force both at law and in equity
notwithstanding that the Lessor may have waived or released temporarily any such
covenant or waived or released temporarily or permanently revocably or irrevocably a
similar covenant or similar covenants affecting other property belonging to the Lessor.

6.8. Termination
Either party can terminate this agreement by giving Ninety (90) days’ notice in writing of
its intention to do so and at the expiration of such period of notice this agreement shall
cease and determine but without prejudice to any right of action accrued to either party
during the currency of the agreement.

23
Form LRA 62 (r.76(1))

7 NOTICES

7.1 Any demand or notice required to be made given to or served on the Lessee under this Lease
shall be duly and validly made given or served if addressed to the Lessee and delivered
personally or sent by pre-paid mail or sent by facsimile transmission addressed (in the case
of a company) to its registered office or (whether a company or individual) its last known
address or (in the case of a notice to the Lessee) the Property.

7.2 Any notice required to be given to or served on the Lessor shall be duly and validly given or
served if sent by pre- paid mail or sent by facsimile transmission addressed to the Lessor at
its registered office or postal address.

7.3 Any notice or document given or served by post shall be deemed to be given or served at
the place of receipt 96 hours after the letter containing the same was sent Saturdays
Sundays and Public Holidays excepted and in proving that any notice or document was so
given or served it shall be necessary only to prove that the same was properly addressed and
sent by post.

7.4 Any notice or document given or served personally shall be deemed to have been received at
the time of such service.

7.5 Any notice given by facsimile transmission shall be deemed duly served forthwith on
transmission thereof provided a confirming copy is sent by post within two days of such
transmission.

8 LESSEE’S PROPERTY

8.1 If after the Lessee has vacated the Demised Premises on the expiration of the Term any
property of the Lessee remains in or on the Demised Premises and the Lessee fails to
remove it within seven (7) days of so being requested by the Lessor in writing or if after
using its best endeavours the Lessor is unable to make such a request to the Lessee within
fourteen (14) days from the first attempt so made by the Lessor:

8.1.1 The Lessor may as the agent of the Lessee sell such property and the Lessee will
indemnify the Lessor against any liability incurred by it to any third party whose
property shall have been sold by the Lessor in the mistaken belief held in good faith
(which shall be presumed unless the contrary is proved) that such property belonged
to the Lessee;

8.1.2 If the Lessor having made reasonable efforts is unable to locate the Lessee the Lessor
shall be entitled to retain the proceeds of sale of such property absolutely unless the
Lessee shall

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Form LRA 62 (r.76(1))

claim such proceeds within six months of the date upon which the Lessee vacated
the Demised Premises;

8.1.3 The Lessee shall indemnify the Lessor against any damage occasioned to the Demised
Premises and any actions claims proceedings costs expenses and demands made
against the Lessor caused by or related to the presence of such property on the
Demised Premises.

9 NO IMPLIED RIGHTS AND ENTIRE AGREEMENT

This Lease shall not include or grant the Lessee (whether impliedly or otherwise) any
easement, quasi easement, right, liberty, privilege or advantage over the Demised Premises
or the Property or any part thereof. This Lease constitutes the entire agreement between the
Parties in respect of the matters dealt with herein and supersedes cancels and nullifies any
previous agreement or arrangement between the Parties in relation to such matters
notwithstanding the terms of any such agreement or arrangement including any terms as to
any rights or provisions expressed to survive termination.

10 GOVERNING LAW AND JURISDICTION

This Lease shall be governed by and construed in accordance with Kenyan Law and the
parties hereto submit to the exclusive jurisdiction of the Kenyan Courts.

AND the Lessee hereby accepts this Lease subject to the covenants, conditions, stipulations,
restrictions agreements, provisions and other matters contained herein.

IN WITNESS whereof the parties hereto have executed this Lease as a deed the day and year first
above written.

25
Form LRA 62 (r.76(1))

SCHEDULE

The Rent & Service Charge (Monthly):

1st Year Kenya Shillings Three Hundred Thousand only (Kshs.300,000)

2nd Year Kenya Shillings Three Hundred Thousand only (Kshs. 300,000)

The Deposit: Kenya Shillings Six Hundred Thousand (Kshs 600,000).

Stamp Duty: As shall be assessed by the collector of stamp duty.

Term Commencement Date: ……1st ………day of August, ……….2023……………

SIGNED by the Lessor )

IGNATIUS PANCRASS OYULA AGOLA )
in the presence of: )
)
)
)
)
) ID Number: …10906824….
) PIN Number: …A002401112M…...
) Signature: ………………………….

Advocate
I CERTIFY that the above named IGNATIUS PANCRASS OYULA AGOLA being the Lessor
appeared before me on……………………………….and being known to me/being identified
by…………………..…acknowledged the above signatures or marks to be his and that he had
freely and voluntarily executed this instrument and understood its contents.

26
Form LRA 62 (r.76(1))

---------------------------------------------------------
Name & Signature of Person Certifying

SIGNED by the Lessee )

KANINI MUTOONI )
in the presence of: )
)
)
)
)
) ID Number: ….13644102
) PIN Number: A002599986Z
) Signature……………
Advocate
I CERTIFY that the above named KANINI MUTOONI being the Lessee appeared before me
on…………………….and being known to me/being identified by………………acknowledged the
above signatures or marks to be hers and that he had freely and voluntarily executed this instrument
and understood its contents.

---------------------------------------------------------
Name & Signature of Person Certifying

REGISTERED this………………….day of………………20……………………

27
Form LRA 62 (r.76(1))

Seal………………………………

LAND REGISTRAR
Name:……………………………… Registrar’s Stamp/No…………………

Signature:………………………………………

Drawn by:
Makhandia & Makhandia Co. Advocates
International Life House, 5th Floor
Mama Ngina Street
P. O. Box 27630–00506
NAIROBI

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