BY SAM ALFAN.
It is a tough Friday for city businessman Patrick Macharia Nderitu after suffering a major blow.
A magistrate has set aside orders allowing businessman to take over a disputed plot in Nairobi’s Buruburu area, which is being claimed by a church.
Senior resident magistrate Esther Wanjala set aside the order obtained by Ms Nderitu, through his company Landmerk International Properties ltd, on April 10. She said the parties failed to disclose to the court that the property was worth Sh19 million, which was beyond the jurisdiction of the magistrate who heard the case.
She also added that the parties failed to disclose to the court the fact that another matter touching the same land, was pending before the High Court.
Other than setting aside the orders, Ms Joan Jane Owuor Ochola, who is a trustee of the church and Nairobi county government sought to join the case as interested parties.
Achola’s widow and her daughter welcomed the court decision and thanked Nairobi Governor Mike Sonko for rescuing church property and helping them.
Nairobi Governor who arrived few minutes after the ruling also thanked the court for giving back the property to the church further putting on notice land grabbers in Nairobi County.
“I will defend the widows, the poor and the rich from land grabbers”, said Governor Sonko.
Nairobi Governor Mike Sonko however arrived at the scene moments later accusing a prominent businessman of being behind the illegal demolitions.
A scuffle was witnessed when a group of goons armed with machetes and other crude weapons arrived at the church, where school children were learning, and started to demolish the building.
The goons reportedly claimed to have been instructed to execute a court order.
The governor was called by aggrieved parties he arrived at the scene, the goons hurled stones at him and his convoy, forcing security officers to fire in the air to disperse the rowdy group.
The owners of Kinderstart Primary School faulted the police for failing to respond in time to prevent the incident from happening.
Document filed by Sonko say that there was no consent or rates clearance certificate sought or obtained from the Nairobi County Government over the purported “transfer” of the suit property to Landmark International Proprietors Limited.
He said the consent, the Church, through its trustees had agreed to transfer the property and handover all the documents relating to the land to Landmerk, within seven days.
“It is ordered by consent that (Landmerk) is hereby allowed to take possession of the suit land, remove any property of the defendants and their agents, employees or any other person acting on their behalf,” reads the order.
Lawyer Harrison Kinyanjui, acting for the county told the court that the case should not have been filed in the first place.
He said it was wrong for a magistrate to adjudicate a matter beyond its jurisdiction as the matter involved property worth Sh100 million. He also said Mr Nderitu had not obtained a rates clearance certificate from the County, nor paid any rates.
The company allegedly tabled a list of documents including sale agreement, a copy of title deed and a deed of trustees and a certificate of lease in the name of Glad Tidings Crusade.
When he invaded the land on May 6, the businessman demolished six classrooms at Kinderstart Kindergarten and Primary School in Buruburu IV.
Nderitu claimed Glad Tidings and its trustees Ms Christine Apiko, Esther Mueni, Fred Agwa and Edward Otieno had sold the property to him.
He claimed that he purchased the property in 2018 for Sh19.5 million through the trustees although Ms Mueni later denied the sale.
