The Environment and Land Court in Nairobi has issued orders mandating the eviction of families that had settled on approximately 1,000 acres of land that once belonged to the late politician Gerishon Kirima.
Kirima passed away in December 2010, leaving the vast estate to his kin.
This significant court verdict has however left thousands of residents in Njiru, Chokaa, and Mihang’o areas of Nairobi in a state of distress.
While delivering the judgement, Justice S. Okong’o set a deadline of December 31st for the residents to vacate the property. Failure to comply with this order could lead to their eviction by the administrators of Kirima Estate.
This ruling brings an end to a protracted legal battle between the estate administrators and residents. Some would-be affected had acquired the land through self-help groups and will be heartbroken by this decision.
Consolidation of six separate cases related to ownership
This court ruling, delivered on Monday, October 23, consolidated six separate cases related to land ownership disputes.
The court unequivocally declared the late Gerishon Kirima as the registered owner of the parcels of land in question.
In the first case, John Otieno Obade and 299 others, who sought recognition as rightful owners of a 60-acre parcel of land in Kirima Njiru Farm, had their claim rejected by Justice Okong’o. The court also ordered them to vacate the land by December 31st, failing which the Kirima estate administrators are authorized to carry out the eviction.
The second case, filed by Kamatuto Self Help Group on behalf of 1,310 others, also had their claim dismissed. The court found no valid claim over L.R No. 5908/8 and also ordered the group to vacate the land by December 31st or face eviction.
Similar directions apply to the third lawsuit filed by the Naridai Muoroto Self Help Group. The court determined that they had no valid claim over the same land claimed by the Kamatuto Self Help Group.
Court issues unique directive on one case
However, in a separate case brought by Paul Ndungu Kioi, who claimed to have purchased land from the late Kirima, Justice Okong’o issued a unique directive.
He instructed the administrators of Kirima estate, Teresia Wairimu Kirima and Anne Wangari Kirima, to finalize the sale of portions of L.R No. 5908/8, specifically 5908/679, 5908/680, and 5908/681.
For others involved in the case who possess evidence of payment for the said plots, the court instructed them to provide receipts issued by Kirima or Embakasi Ring Road Developers.
Each party has also been requested to bear their own legal costs in these disputes.
Mavoko land dispute
The impending demolitions are bound to pose hard questions in the minds of Kenyans regarding the government’s commitment to protecting ‘the hustler’. Especially since this judgement comes weeks after another court verdict ordered demolitions of houses of Kenyans residing in Mavoko.
Many houses have been brought down in the ongoing demolitions rendering many people homeless. The demolitions were ordered after the courts ruled that the owners had benefitted from illegal land allocations.
