The Nairobi city-county government has urged the court to dismiss an application by Orbit Chemical Industries seeking to evict residents of Mukuru Kwa Njenga from a disputed piece of land in Embakasi.
Through lawyer Harrison Kinyanjui, the county says the application by Orbit has no merit and should be dismissed.
“The application has failed to demonstrate its proprietary interest over the suit property. The applicant has also failed to demonstrate the basis of the purported execution sought to be enforced unlawfully,” court documents read.
The county, which was enjoined in the case as an interested party, says the Land Act 2012 stipulates mandatory procedures in any eviction process.
Last month, a magistrate’s court suspended the planned eviction of more than 800 families from the disputed 95-acre parcel. Senior resident magistrate Gabriel Ombeja issued the order after Governor Mike Sonko moved to stop the planned evictions.
“The stay of execution of the order made on January 14 and issued on April 4, requiring the OCS of Embakasi police station to supervise the eviction is hereby stayed pending the interparty hearing of this application,” Ombeja ruled.
On Friday, senior principal magistrate Ayuma M’mmasi directed parties to file all their responses in the case ahead of the hearing on July 11.
Edited by R.Wamochie
