BY NT CORRESPONDENT.
Investment Limited has filed application seeking to set aside orders issued in March by the High Court over the ownership of contested prime property in Donholm, Nairobi that is at the centre of legal battles and encroachment by squatters lay claim to it.
This is after SOWESAVA self-help group obtained orders suspending Gazette Notice No. 1550 dated February 15, 2019 pending hearing and determination of the application.
The company urged the court to review or set aside it orders that the company claims it has occasioned injustice to them. “It is only fair and just that the said order be stayed pending hearing and determination of this application,” urged Gidjoy.
The company said in court documents argued that the orders granted was contrary to court orders issued Environment and Land Court in a case filed in 2018. According to Gidjoy, the decision was contrary to the earlier orders.
“The said order was obtained ex-parte through material nondisclosure and error as the Gazette notice was clear of other matters pending before the Environment and Land court,” said the company.
In court documents, the company said it was aggrieved by the order suspending the gazette notice issued by the National Land Commission in exercise of its mandate.
The decision purports to confer proprietary rights on SOWESAVA self-help group without giving the a hearing.
The company say SOWESAVA Self Help Group applied to enforce their rights over original title numbers Nairobi block 82/7333 and the Nairobi block 82/7375 and therefore the order granted is defective on its face.
“A conservatory order do issue suspending a Gazette Notice No. 1551 dated 15 February, 2019 an order suspending gazette notice No. 1551 dated 15 February, 2019 pending hearing and determination of the application”.
In the dispute, SOWESAVA Self Help Group filed a case saying they have been living on the disputed land for over 30 years and they lobbied the government for the official allocation of the land they are living and they were issued with allotment letter.
“After receiving allotment from government, we continued occupation of the land and continued experiencing difficulties including police harassment to vacate the land and as a consequence, our properties and dwelling were destroyed. We filed a complaint with the county government of Nairobi City seeking help against intruders who were not known to us”, added the self-group.
They further added the county government filed complaint with the NLC and determination dated November 14, 2016 was made in their favour.
The said determination by NLC, their findings and recommendations were gazetted by the then chairman Mohammed Swazuri in a Kenya Notice no. 1171 dated the November 9, 2018.
” Another party known as Gidjoy investment sought to have the said Gazette notice quashed , which application for quashing the gazette notice did not materialise and to date there is no court order or direction to have the gazette notice “, added the group.
They said term of NLC expired on February 19, 2019 and current position is that the NLC has no commissioners.
“In an interesting and suspicious turn of events, and just three days before the term of the commissioners ended, the vice chairman of the NLC published Gazette notice no 1551 dated February 15,2019 purportedly cancelling, deleting or altering the earlier Gazette notice dated November 9, 2018”, further said.
The self-help group told the court former National Land Commission vice chair Abigail Mukolwe illegally published a Gazette notice and the aforesaid acts of impunity and wantons destruction of the property may results into violent confrontation between the invading groups and their group thereby undermining the right to security of the persons.
“Abigail has no legal power to publish a Gazette notice or make unilateral decision to publish a Gazette notice on behalf of NLC”, said the group in the court documents.
They added the purported Gazette notice issued on February 15, 2019 is unconstitutional as it purports to restrict the enjoyment of petitioners right to property.
