Court stops eviction of squatters from fraudulently acquired Sh2bn land
NATION: The eviction of over 1,000 squatters and their families from a 40 acre parcel of land acquired by the government 32 years ago for occupation by the Kenya Army, but later transferred fraudulently to private companies has been stopped by the High Court.
Justice George Odunga prohibited police and a private developer — the Kasarani Mall Limited — from kicking out the families from the Sh2 billion parcel in Kasarani, Nairobi, to pave the way for the development of a multi-million business enterprise.
Justice Odunga, who certified the case urgent, said the families who have been residing in the land for over 30 years will suffer. The community has built shops, residential houses, churches and schools.
The government put a caveat on the land after the Kenya Army failed to occupy it as intended. The plot has since been fraudulently transferred to individuals and private companies.
“Eviction of the 1,000 families dubbed squatters will contravene their constitutional rights,” said the judge.
He allowed three petitioners Francis Kiarie, Francis Kinuthia and Kimiti Wanjaria to sue the Attorney-General and the Inspector-General of Police over the eviction without a notice.
SUPERVISE ILLEGAL EVICTION
Justice Odunga prohibited police from evicting the families pending determination of the case.
The case was filed by lawyer Aggrey Odiwuor Kenyatta who told the judge that officers from Kasarani Police Station had been requested by Kasarani Mall Ltd to “supervise the illegal eviction.”
The land was formerly owned by a Mr Mayer Jacob, who died in December 25, 1974, and is now registered in the name of Kasarani Mall Ltd.
“Upon the death of Mayer Jacob, his children Raphael Jacob Samuel and Meshumor Jacob Samuel were granted letters of administration but in 1985 the then District Officer Northern Division Kasarani indicated the government intended to acquire it for use by the Kenya Army,” Justice Odunga was told.
The court further heard that the government paid the family Sh23 million in compensation for the acquisition.
“The Kenya Army never moved to occupy the land although it had been acquired under the Land Acquisition Act 1968 for public utility.”
“It was transferred to Solio Construction Ltd and later to Kasarani Mall Ltd fraudulently,” the judge heard.
The lawyer was ordered to serve the parties for a hearing on Friday.
Kara CEO end of year message
On behalf of Kara and on my own behalf, I would like to thank our members, friends and partners for the steadfast support in the year 2016 that enabled us to realize notable milestones for the benefit of our members....
Business Expo: Inaugural Kara Business Expo & Conference records success
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Partnership: Kara to Collaborate with the Ministry of Public Service, Youth and Gender Affairs
Kara delegation led by the CEO Mr. Henry Ochieng, paid a courtesy call on the Cabinet Secretary (CS), Ministry of Public Service, Youth and Gender Affairs, Ms. Sicily Kariuki to discuss possible areas of collaboration with the Ministry.
Legislation: New Neighborhood Associations law comes into effect
The Nairobi City County Community & Neighbourhood Associations Engagement Act came into effect on November 26th 2016 following the lapse of 90 days after being signed into law by the Governor on August 26th 2016.
Residents of old city estates not willing to move outUnpublished
Nation: Mr. Faraj Mzito sits on a stone outside his house in Ziwani Estate in Nairobi, contemplating his next move. Mr. Mzito is a fourth generation dweller in Ziwani, which is the only home he knows. That is why the recent announcement by the Nairobi County government that tenants in the estate must move to the pave way for the construction of new houses, has left him worried and unsettled.
The house he lives in was owned by his great-great grandparents, who passed it down to his parents, who in turn passed it down to him and two of his siblings. However, Mr. Mzito, his siblings and their families have to find alternative accommodation to pave the way for the multimillion project that is aimed at using the land to house more people in apartment blocks.
The old houses were built in 1950s, and were once decent dwellings that were home to the late Tom Mboya and former Nairobi mayor Joe Akech. Those who got the homes first passed them down to the next generation, and with time they became “family property”.
Mr. Mzito, 44, says that as the families grew but did not wish to live far from one another, the residents started building corrugated iron sheet extensions to “accommodate a whole family in one compound”.
A trip to the estate recently revealed that the houses accommodate up to eight households, with the parents occupying the main house while their sons and their families live in the extensions. The residents pay rents of between Sh1, 000 and Sh3, 000 depending on the size of the house, which is way below those in most city estates. And that is the reason most residents have lived in the estate for years, Mr. Mzito says.
As the population grew, the haphazard construction of extensions to accommodate the rising numbers turned the estates into a veritable slum, with garbage and overflowing sewers all over. For years, the county council also neglected the estates, forcing the residents to maintain them themselves.
Invitation to KARA Conference on Sustainable Cities & Communities
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Your landlord shouldn’t just raise the rent at will
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Kara Monthly E-Newsletter: November 2016Unpublished
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Sustainable Development Goals: Government challenges to invest in public awareness and education
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Kara nominated to be a member of taskforce on enhancing better service delivery
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KARA Receives Presidential Award for Promoting Tax Awareness & Education
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Residents Associations resolve to back Kara in pushing for implementation of the new Neighbourhood Associations Engagement Act
Representatives of Residents Associations who attended the Kara Chairpersons’ forum held on 27th September 2016 resolved to support Kara