BY NT CORRESPONDENT.
The Business Premises Tribunal has stopped businessman Wangaruro Mbugua from evicting or interfering with the family of late Gladwel Muthoni Njoroge in a property row in Eastleigh’s Madiwa area.
This is after Governor Mike Sonko administration and the daughter of late Gladwell Muthoni filed application before the tribunal seeking to stop illegal demolition and eviction that was being conducted before the Governor intervention last Sunday.
“An injunction is hereby issued restraining the landlord (Wangaruro Mbugua Wanganga & others) or its agents, auctioneers from entering, harassing, evicting or interfering with the suit property pending hearing and determination of this application and suit,” the tribunal ordered.
The businessman obtained the orders by misleading the tribunal on May 15, 2019.
The tribunal also set aside orders issued against Gladwell Muthini Njoroge on May 15,2019 allowing the businessman Mbugua to breaking into the property and access the premises with the supervision of OCS Shauri Moyo police station.
Mbugua had also been allowed to remove and sale any distrainable property if any to recover any rent arrears.
In the ruling, the Tribunal directed the O.C.S Shauri Moyo Police Station to ensure the orders were complied with.
Gladwell and Nairobi County Government filed application under certificate through Martin Mbichire seeking to stop the execution of the eviction order.
The tribunal heard that the orders had led to demolitions of property and eviction of lawful land owners and who were neither served with application nor had knowledge of the suit.
The court was told that the attention was drawn to the County Government that demolitions of the property and evictions of residents was taking place on a Sunday without a permit and without its knowledge.
“The Governor of Nairobi himself proceeded to the site and was confronted by a gang of young men who were demolishing, evicting, raping women and young girls, beating up residents and stealing from the houses demolished,” reads part of the court documents.
Sonko’s quick intervention saved the residents. He said upon perusal of the order, he discovered grave anomalies.
“The order emanated from business premises tribunal whereas the premises being demolished were residential houses. The order did not indicate the plot number where it was it was to be executed,” the County government said.
They added that the order was issued to a deceased person- Ms Njoroge who died 9 years ago on the June 15, 2010. Further, the orders issued does not authorize demolition or eviction of residents meaning the tribunal does not have jurisdiction to hear and issue orders.
Court documents revealed that the land number indicated as LR NO 1905-02632 does not exist in Nairobi County or the whole country.
Nairobi County Government applied to be enjoined since no demolition notice was issued to the county and no demolition permit was issued by the county to authorize the demolition on Sunday morning.
“The interested party as the Governor of Nairobi city County, after perusing the documents of both parties has realized that the estate of Gladwell Muthoni Njoroge (respondent) has a genuine claim over the suit property dating back to 1990 that is worth being protected “, added the county.
