BY IRENE ONYANGO.
More than 500 residents of Njiru have moved to court seeking to stop their planned eviction from a 1000-acre parcel of land, which the court ruled belongs to the family of the late MP Gerishon Kirima.
The residents who settled on the expansive land on the outskirts of Nairobi want the High court to suspend their eviction, pending the determination of their petition.
Environment and Lands court gave the settlers up to December 31 to vacate the land or be removed forcefully.
In the petition, the residents through George Olola the chairperson of the Runway view Residents association state they risk being rendered homeless in the face of the fast approaching Christmas festivities and the El-Nino rains.
Through lawyer Danstan Omari they argue that they are at a risk of being left homeless by virtue of the judgement of the court, which timeline is inopportune in light of the anticipated el-nino and fast approaching family festive season.
“That the applicants would suffer irreparable harm if the court does not issue an order staying the execution of the Judgement as their claim over the suit property”, the residents said in the court papers.
They are seeking to be joined in an earlier case filed by an Italian settler Bernado Vicezo De Masi, the Administrator of the Estate of Domico de basi.
While addressing the media after filing the case, Olola also said that some of the affected residents are admitted in hospital in critical condition due the stress arising from the anticipated demolitions.
“On behalf of other land owners being affected by the land in order for us to know the truth the first time we were issued with allotment letters and paying rates only to be told that those who sold us land are not the rightful owners because they are two parties claiming ownership, who is the rightful owners?
He said they accepted the judgement and tried to resolve the matter with the Kirima family only for Dominic to show up with documents to support his claim, leaving them confused.
It is their argument that the matter is of public interest as schools, hospitals and religious institutions are set to be demolished if the court directive is implemented.
“That the applicant represents the public interest owing to the massive destruction of the community the anticipated demolition will cause on learning institutions, health institutions and religious places of worship,” he said.
The schools to be affected include Bright minds School and Dahari Preparatory school, while religious institutions like the Legio Maria,Church ,the Roho Church and Mosques will be affected.
The residents are also apprehensive that Hospitals and medical facilities including Njiru level 4 hospital, cherish health center and St John health care are also likely to be affected.
The residents argue that they are not encroachers having bought the land issued with certificates and allotment letters by the County council.
They further claim that they have been duly paying rates to city council but upon the shift to County Council. They were informed that the accounts to pay rates are not in existence and that they would be advised on the way forward.
They argue that the judgment of the court to the effect of demolition is going to gravely affect the residents and would be negating economic development of the citizens of Kenya being the residents who are part of the hustler nation.
