BY SAM ALFAN.
A Nairobi court has suspended an order obtained by a businessman who attempted to evict tenants in a land owned by the family of late politician Gerishom Kirima.
Milimani senior principal magistrate Grace Mmasi suspended the execution of the judgment and order, evicting the family from the disputed property, pending hearing by all parties.
Nairobi Governor Mike Sonko two days stopped the forceful eviction land grabbing in city park estate in parklands.
He vowed not relent on the fight against land grabbing and impunity orchestrated by land cartels in Nairobi.
Nurez Iqbal Dauad filed an application under a certificate of urgency seeking to set aside the judgment, which was obtained ex-parte by Peter Munyiri Kaka Arina, who claims to own the property.
“Peter Munyiri apparently obtained an exparte judgement in default of appearance and defense and further obtained orders of eviction against me,” Dauad said.
The court was told that Munyiri has already initiated the process of execution and is likely to evict Dauad from the disputed property.
He added that the manner in which the judgment was obtained is a misuse of court process since another case is pending before the High Court, where presevatory orders were issued in favour of Dauad.
He added that the case by Munyiri was filed without jurisdiction and is an attempt to side track and avoid the pending case at the High Court.
In a supporting affidavit, Nairobi Governor Mike Sonko said Dauad is the registered owner and rate payer.
The Governor said he is personally privy to all the information relating to the case and the dispute surrounding the property.
He told the court that sometime last week hired goons went on the suit property seeking to effect the orders and judgment allegedly obtained ex-parte.
He revealed that he was personally present when the said goons invaded it and tried to evict Dauad.
Sonko further added that Dauad and the county government of Nairobi who should have been made parties to the case because they have a good and valid defense to the claims and ought to have been given a chance to defend the case.
“It is my prayer that it would be irregular to let the present illegal judgment stand and pray to have the present application heard urgently and the orders sought granted so that the defendant and the county government of Nairobi can be given a chance to agitate their defense,” said the governor.
The city boss added that the stand to suffer irreparably and it is therefore imperative that the application is placed before the duty court fourth with for preservation orders.
The goons arrested when the governor stopped the eviction were charged with erecting building structures on the said property.
Kennedy Otieno Ochieng and Simon Ogolla Onyango were charged that in November 17, at 11am along Limuru road in Westlands, being the developers, did carry out the development of a building without approval of Nairobi County Government.
They were released on a cash bail of Sh50,000 each and the matter fixed for hearing on December 4th.
