Nairobi senator Mike Sonko with his lawyer Martin Mbichire at Milimani law courts after high court enjoined in a suit in which a business man Shital claims the ownership the land on which the Nairobi Water Reservoir stands on Loresho estate in Nairobi..
BY SAM ALFAN.
Nairobi Senator Mike Sonko and Nairobi County Government have been enjoined in a suit filed by businessman who claims the ownership the land on which the Nairobi Water Reservoir stands on Loresho Estate.
Justice Onguto allowed Sonko application seeking to be enjoined in the matter as an interested party saying he is being affected by ther orders sought by the businessman seeking the revocation of the notice issued by the National Land Commission..
Sonko in his affidavit filed in court said he received complaints from the residents of Loresho in his office that a private developer had hived of a plot title no L.R NO. NAIROBI/BLOCK 90/599 whose usage is meant for a water reservoir for Nairobi City County.
The plot has all material times being in the possession and control of the Nairobi Water and Sewerage Company” said Sonko.
He says after the complaints he summoned the managing director of Nairobi Water and Sewerage who confirmed the plot holds a water reservoir that supplies Nairobi water to Nairobi residents of Loreshio and it surroundings.
The businessman who claims to own the land on which the Nairobi Water Reservoir stands on Loresho estate has put up moved to courtin a bid to fight in court.
Shital Bhandari urged the court to cite National Land Commission chairman Muhammad Swazuri for contempt for denying him access to the land.
Justice Joseph Onguto, however, declined to grant the request and put off the case until January 19 next year to give Swazuri time to reply.
Last year, Nairobi Senator Mike Sonko obtained orders stopping construction on the land.
President Uhuru Kenyatta also ordered the revocation of Bhandari’s title deed.
The judge said the court will not hear he contempt application before seeing reapply by Swazuri.
The court said unless defendant has respondent to the application, the matter shall be heard on date allocated.
The subject land is located at Loresho area within Nairobi County.
The developer’s lawyer Masore Nyangau, said that he had no objection giving the defendant time to file response to the application.
Some two weeks ago Nairobi Senator Mike Sonko obtained an order stopping construction works by developer on suit land meant for a water reservoir.
The said land is said to have been grabbed and construction works has commenced despite restraining orders against Mr Shandari.
The orders were issued by Resident Magistrate Peter Muholi, who said that no activity should take place on the suit land known as Nairobi/ Block 90/599 until the matter is heard inter parties on January 20.
The Senator through his lawyer Martin Kuruga, told the court, the; land is reserved for water reservoir that supplies water to the county residents.
Mr Shandari unlawfully took possession of the property from persons who claimed to have obtained a lease from Nairobi City council.
The lawyer told the court that the developer has even chosen to ignore an order from Land Commission which suspended any construction work on the suit land.
He said that the matter is still pending for review before the Land Commission and no activity can take place on the public property.
The suit land is located within the county of Nairobi which the senator represent and he said has to move to protect public land from being grabbed.
The matter was fixed for further directions on Wednesday next week.