BY NT CORRESPONDENT.
Nairobi county claims that Flying Squad boss Musa Yego Chelego is not the rightful owner of a prime property in Kariobangi that has since been demolished.
In the replying affidavit by the county development controller Fredrick Ochanda in court, City Hall claims that the Flying Squad boss is not the owner of property known as Kariobangi South/KCC Village no C44 and Kariobangi South/KCC No. C63.
City hall was responding to a case where Yego has sued them for acting with impunity by demolishing his property without a court order and is seeking special damages amounting to Sh 120 million.
The County Government says that Yego has since failed to disclose any evidence of ownership of the suit property by way of any form of Title deed or allotment letter.
“Besides that in the event that the petitioner (Musa Yego) was lawfully allocated the two suit property by the Nairobi County as alleged, nothing would have been easier pursuant to the letters of allotment or grant for the petitioner to exhibit a true copy of the said letter of allotment providing the terms and conditions upon which it was granted,” said Ochandain his court papers.
Ochanda says that it is factually incorrect to state that the petitioner was allocated the two suit properties by the county government and therefore cannot seek for damages orders sought in the petitioner.
“The petitioner never tendered any application to the Nairobi county government for the fact allocation of the two suit properties. The alleged allocation was not sanctioned by the mandatory full council resolution before the properties were allocated,” said Nairobi County in the court documents.
He said that Yego could have not owned the property since 2002 the properties were never originally allocated to him and in any event the claim by way of adverse possession does not apply on government properties.
The county said Yego has previously been interfering with the suit properties in the previous years including on or about the October 6 ,2008 which has been confirmed by the petitioner.
Ochanda claims that Yego has confirmed that the county government had previously served notices of enforcement on the suit properties which culminated into civil suit No. Nairobi CMCC NO. 6182 of 2018rendering this petition incompetent.
The county government denied violating the petitioner rights to ownership of private properties LR Numbers as Kariobangi South/KCC Village no. C44 and Kariobangi KCC No. C63 were public properties reserved for public utilities.
The petitioner claims that said respondents is a stranger to the loss of Sh 120 million allegedly incurred by the county government and if the alleged loss has indeed been incurred, then it is a self inflicted by him( the officer).
Yego in his court documents said he is the beneficial owner of Kariobangi south/KCC Village No. C44 and Kariobangi South/KCC No. C63 by virtue of an allotment from Nairobi County in 2002.
He said he prepared, submitted and was permitted to execute building plans on the property.
Yego added that utilising his own resources and raising additional funds from his family, he began construction of modern multi-use complexes as per permitted plans.
He said the county government without any legal permission on November 17,2017 unlawfully entered Yego’s plot by use of force and proceeded to demolish the developments that he had erected on the suit properties.
He said the county government acted in flagrant disobedience of a subsisting court order emanating from Milimani Chief Magistrate’s court civil suit No. 6182 of 2008 which barred the county government from interfering with the Yego’s quilet possession of the suit premises.
Yego claims he has has incurred heavy losses and damages as a results of the county government illegal actions to destroy his approved development.
He wants the court to declare his rights and enjoyment of his property was violated.
