(Form of Transfer approved under section 108 of The Registered Land Act (Now
Repealed) under reference ( ) and adopted for use pursuant to Section 108 of The Land
Registration Act 2012 to conform with The Land Registration Act 2012 and The Land Act
2012)
REPUBLIC OF KENYA
IN THE MATTER OF THE LAND ACT NO. 6 OF 2012
IN THE MATTER OF THE LAND REGISTRATION ACT NO.3 OF 2012
AND
IN THE MATTER OF THE REGISTERED LAND ACT CAP 300
(REPEALED)
LEASE
SHOP NUMBER ERECTED ON PLOT 4766/108/KEDOWA
Peter Kipkorir Towett of ID number 5999577 located at
kedowa Town within the Republic of Kenya (hereinafter called "THE
LESSOR 'which expression shall where the context so admits be deemed
to include its successors and assigns) HEREBY LEASE to AFRICA SMART
MOBILITY SOLUTIONS KENYA LIMITED (“ASMSKL”), company duly
registered with number PVT-BEUXP6ML of P.O. Box No. 34617-00100,
Nairobi and a commercial office located at Westside Towers, Lower
Kabete Road, Nairobi, Kenya (hereinafter called "THE LESSEE" which
expression shall where the context so admits be deemed to include his
heirs executors administrators and assigns) ALL THAT SHOP on the land
comprised in the above mentioned title (hereinafter called "the shop") for
the term of TWO YEARS (2) renewable under the terms herein from the
13 day of August 2025 (Commencement date) at a monthly rent of KShs.
15,000/= .(Fifteen Thousand Kenya shillings Only) payable on or
before 5th of every month SUBJECT to terms and conditions hereinafter
appearing:
1
1. THE LESSEE HEREBY COVENANTS WITH THE LESSOR AS
FOLLOWS:
(a) To pay the rent hereby reserved in the manner aforesaid without
any deduction whatsoever.
(b) To pay a one-time two (2) months’rent deposit of KShs.
30,000/= (Shillings Thirty Thousand shillings Only), which
shall be paid before commencement of any work and shall be
refundable upon the termination of this agreement.
(c) To bear and discharge all water conservancy telephone lighting and
power charges which may be charged on the shop during the term
of this lease.
(d) To keep the interior of the shop including all doors floors ceilings
windows and glass in the windows and doors and electrical switches
power plugs and wiring all pipes and sanitary and water apparatus
and internal pipes and all the Lessor's fixtures and fittings and
furniture therein cleaned and in good and tenantable repair.
(e) Upon termination of the lease agreement, the Lessee agrees to
return the leased premises in the same condition as it was at the
commencement of the lease, subject to reasonable wear and tear.
The Lessee shall be responsible for any damage beyond normal wear
and tear reasons attributed to the Lessee and shall undertake any
necessary repairs or restoration to ensure compliance with this
clause. Failure to return the premises in the specified condition may
result in deductions from the Lessee's security deposit or other
remedies as provided for in the lease agreement.
(f) To make periodical inspections of the leased shop and immediately
to report to the Lessor the presence of white ants bees and other
destructive insects and the presence of any dry or wet rot or other
damage should the presence of any one or more of the same be
observed or discovered.
(g) To use the premises for the purpose (Showroom/Swap/ Service
Station) of Electric Vehicles (2W, 3W or any other type of EV) and its
2
associated business for which it is let and NOT for any other purpose
only.
(h) Either Party shall indemnify the other Party against all losses claims
demands action proceedings damages costs or expenses or other
liability arising in any way from any fire or damage whatsoever that
is not contributed by the other Party in whatever way.
(i) The Parties shall observe and obey all rules and regulations and
notices under the Public Health Act or any other Act applicable to the
premises and in the event of a Party being made liable for any
breach thereof attributable to the act or default thereof, that Party
will indemnify the other Party against all and every fine penalty
damages and costs incurred paid or suffered by the injured/
aggrieved Party in consequence of such breach.
(j) Within seven days of the service thereof to give full particulars to the
Lessor of any notice order or proposal thereof given under any Act
and Rules and Regulations Orders or directions thereunder or under
By-Laws of any competent authority.
(k) Spiro reserves the right to enter into partnerships for investment
purposes and/ or transfer its commercial rights to a third party/ies.
(l) Not to do or permit to be done anything in or upon the shop or any
part thereof which may at any time be or become a nuisance or
annoyance to the tenants or occupiers of any neighboring property
or the tenants or occupiers of the said building.
(m) Insurance Policy Clause: Both Parties agree to maintain insurance
policies on the leased building/premises for their own respective
assets against loss or damage by fire or any other risks as mutually
agreed upon. Each Party shall ensure that their respective insurance
policies remain valid and in force throughout the duration of the
lease agreement. In the event of loss or damage to the leased
premises covered by the insurance policies, the Party responsible for
causing such loss or damage shall promptly notify the other Party
and the insurance provider(s) in accordance with the terms of the
3
insurance policies. Any breach of this clause, including failure to
maintain valid insurance coverage or failure to notify the other Party
and the insurance provider(s) of loss or damage, shall be considered
a material breach of the lease agreement. The breaching Party shall
be liable for any resulting damages or losses suffered by the non-
breaching Party and may be subject to additional penalties as
specified in the lease agreement or applicable laws. Both To permit
the Lessor or his agents and surveyors with or without workmen and
others at all reasonable times to enter upon the shop or any part
thereof upon giving sufficient notice and identification of the
respective persons to the Lessee, and examine the state and
condition thereof and to take inventories of the fixtures and fittings
therein and upon notice in that behalf given by the Lessor forthwith
to make good any defect or want of repair then and there found.
The Lessee shall only make good that defect or want of repair
caused by its employees and/ or assigns within the premises.
(n) Not to use the shop in contravention of any of the County
Government of Kericho or other rules and regulations promulgated
or to be promulgated by the Local Authority or Government.
(o) Not to permit any open or internal combustion fire to be burned
within the shop and not to store in the shop any goods or
merchandise of any explosive or dangerous nature,
(p) To yield up the premises at the expiration or sooner determination of
the term hereby granted in vacant possession with the Lessor's
fixtures and fittings therein in such good and tenantable repair and
condition as shall be in accordance with the Lessee's covenants
herein contained and with all locks and keys and fastenings
complete.
(q) The lessee shall install a three-phase power meter in the proposed
lease property for use in Electric vehicle battery charging and
associated services.
4
2. THE LESSOR HEREBY COVENANTS WITH THE LESSEE AS
FOLLOWS:
(a) To pay and discharge the County Government rates and taxes in
respect of the land comprised in the above-mentioned title.
(b) That the Lessee paying the rent hereby reserved and observing and
performing the several covenants’ conditions and stipulations herein
contained and on his part to be observed and performed shall and
may peaceably hold and enjoy the shop during the term hereby
granted without any interruption by the Lessor or any person
rightfully claiming under or in trust for him.
(c) The Lessor acknowledges that the Lessee requires time to set up its
business premises before becoming operational. Therefore, the
Lessor agrees to grant the Lessee a rent-free period of the first one
month from the commencement date of the lease agreement for the
purpose of business setup.
(d) During this rent-free period, the Lessee shall not be obligated to pay
any rent or additional charges specified in the lease agreement. The
Lessee may utilize this period to undertake necessary renovations,
installations, or other activities to prepare the premises for business
operations.
(e) Rent payments shall commence from the second month of the lease
agreement onwards, in accordance with the terms and conditions
outlined therein. To keep and maintain the structure main timbers
roof gutters and the exterior of the premises in good and tenantable
repair and condition.
3.PROVIDED ALWAYS and it is hereby agreed by and between the parties
hereto as follows:
(a) If the said rent hereby reserved or any payment due hereunder by
the Lessee or any part thereof shall be in arrear and unpaid for a
period of two months next after any of the days thereon the same
ought to be paid as aforesaid shall be served with an auctioneer’s
notice and shall cater for its expenses.
5
(b) The rent shall be payable to the following account:
ACCOUNT NAME: PETER KIPKORIR TOWETT
BANK A/C NO. 083000005058
BANK CODE/NAME: FAMILY BANK
BRANCH CODE/NAME: MOLO
SWIFT CODE: _____________________________________________
(c) The Lessee shall be obligated to bring a copy of the rent payment
slip to the Lessor to be issued with an acknowledgement receipt.
Failure of which the rent shall be rendered as unpaid.
(d) The Lessor hereby gives consent to the Lessee to acquire and install
its own separate Kenya Power and Lighting Company (KPLC) 3
Phase electricity meter for the purposes of conducting e-mobility
business on the leased premises. The Lessee shall be responsible
for all costs associated with the acquisition, installation, and
ongoing maintenance of the separate electricity meter. The Lessor
reserves the right to inspect the meter and monitor its usage in
accordance with the terms of the lease agreement.
(e) The Lessee is permitted to utilize the existing electrical and civil
infrastructure in the leased premises for the duration of the lease
term. The Lessor shall be responsible for any maintenance or
repairs required to ensure the proper functioning of the
infrastructure during this time. The Lessee shall notify the Lessor in
writing of any modifications or additions to the infrastructure before
being implemented.
(f) The Lessee is obligated to report issues or malfunctions concerning
these systems and Lessor shall make the issues or malfunctions
rectified immediately. The Lessor shall bear the cost of any
necessary repairs or replacements.
(g) The Lessor agrees to provide the Lessee with an ETR/E-tims invoice
for rent due every month, at least ten days before the due date for
rent payment. The e-tims invoice shall include the monthly rent, and
any other related fees.
6
4. The Lessor and the Lessee shall be entitled upon giving two (2)
months’ notice or one (1) month’s rent payment in lieu of notice at
any time to terminate this lease and thereupon the rights and
obligations of the parties shall cease and have no effect but without
prejudice to any antecedent right or claim arising hereunder and still
subsisting at the date of such notice.
5. Either Party shall indemnify the other Party against all losses, claims,
demands, actions, proceedings, damages, costs or expenses or other
liability arising in any way from this Lease or any breach of any of
the obligations on the part of the violating Party.
6. Each party, both the Lessor and the Lessee, agrees to bear its own
legal costs and expenses related to legal consultation for the
negotiation, drafting, and execution of this lease agreement. Each
party shall be responsible for retaining and compensating its own
legal counsel for any advice or representation required in connection
with this lease agreement. No party shall be obligated to reimburse
or cover any legal costs or expenses incurred by the other party in
relation to this lease agreement.
7. Any notice required to be served hereunder shall be in writing and
shall be sufficiently served on the Lessee if left addressed to it on
the premises or forwarded to it by registered post/e-mail
(info.kenya@spironet.com) at its address stated herein and shall be
sufficiently served on the Lessor if forwarded to them by registered
post/e-mail at their address stated herein. A notice sent
Signed by the Lessee
7
8
AFRICA SMART MOBILITY ------------------------------
SOLUTIONS KENYA LIMITED Kshitij Sharma
Cluster Profit Centre Head
List of documents required from Lessor –
1. Ownership proof (Signed copy of Lease with Landowner)
2. KPLC NOC
3. Lessor’s KRA PIN
4. Lessor’s National ID/ Passport
5. Any other relevant document(s)
