A Nairobi Business Premises Tribunal has temporarily stopped a trader from evicting or interfering with the late Gladwell Muthini Njoroge’s property in Madiwa, Eastleigh.
City Hall and the Gladwell's daughter had filed an application before the tribunal seeking to stop an illegal demolition and eviction exercise.
"An injunction is hereby issued restraining the landlord Wangaruro Mbugua or its agent’s auctioneers from entering, harassing, evicting or interfering with the suit property pending hearing and determination of this application and suit," the tribunal ordered.
The tribunal also set aside orders issued against Gladwell on May 15, allowing businessman Mbugua to break into the property and access the premises with the supervision of OCS Shauri Moyo police station.
Mbugua had also been allowed to remove and sell any distrainable property.
“The exparte orders entered against the respondent on May 15, 2019 is hereby set aside,” the tribunal ruled.
The OCS Shauri Moyo Police Station was ordered to ensure compliance with orders.
Gladwell and the Nairobi county government filed an application under a certificate of urgency through lawyer Martin Mbichire seeking the court to stay execution of the exparte ruling and orders issued by the tribunal on May 15, pending the hearing and determination of the case.
Documents filed in court show that Sonko and Gladwell's daughter also applied for an injunction restraining the landlord or his agents and auctioneers from entering, harassing, evicting or interfering with the suit property.
The two said they were aggrieved by the orders issued on May 15 which had resulted in demolitions of property and eviction of lawful landowners.
The owners were neither served with the application nor had knowledge of the suit.
The court was told that the attention was drawn to the county government that demolition of the property and evictions of residents were taking place on a Sunday without a permit and without its knowledge.
“The governor of Nairobi himself proceeded to the site and was confronted by a gang of young men who were demolishing, evicting, raping women and young girls, beating up residents and stealing from the houses demolished,” a court document reads.
(Edited by O. Owino)
