Members of a group of informal sector workers are locked in a legal battle with the Nairobi County Government over ownership of a prime 152-acre parcel in Njiru, Embakasi.
Bondeni Maili Saba Jua Kali Association members have accused City Hall of forcefully placing a container on the contested land and subdividing and developing the property.
Through lawyer Wambo Muayala, the association claims that goons hired by City Hall have been deployed to the disputed property and have displaced its members.
“These illegal activities being carried out openly on the disputed property have caused immense unrest, tension and frequent confrontations between the perpetrators, potential buyers and the legitimate occupants of the land,” association member Segbo Gagi says in his affidavit filed before the Environment and Land Court.
The association had, on April 7, secured interim orders staying City Hall’s notices that had solicited potential buyers.
The county government had issued a notice on March 31, saying it was subdividing the parcel and that buyers could purchase plots.
However, Justice Charles Mbogo issued orders stopping the county government from taking further actions, including selling, alienating, or in any manner interfering with the property Plot LR No 27329 (Original No 10905, Embakasi).
The association says City Hall has ignored the court order and is proceeding with its plans to subdivide the disputed property.
“Despite clear and unequivocal status quo orders, officials of the Nairobi County Government, acting in concert with and utilising hired goons, have embarked on a brazen and unlawful exercise of illegally selling portions of the disputed property to unsuspecting individuals,” the group says in a new application filed under a certificate of urgency.
The group says there is continued occupation of the plot and that members of the association have been forcibly displaced from their homes on the land.
“The situation on the disputed property has become extremely volatile, posing a severe and imminent threat to the peace and security of the area, with a high risk of violence and potential loss of lives,” the group says.
In their affidavits, the group urged the court to summon Governor Johnson Sakaja to show cause why he should not be cited for contempt of the interim orders issued in April.
They want the governor to be found to have disobeyed court orders and, as such, committed to civil jail for a period of six months.
“In the alternative and without prejudice to the foregoing, the court should impose a penal sum on the county government for the wilful disobedience of court orders.”
Justice Christine Ochieng’, in orders issued on August 9, declined to certify the matter urgent but directed the parties to file and serve their responses ahead of a hearing on October 6.
