More than 8000 people residing on disputed land in Nairobi will not be evicted after the High Court stopped Lands CS Farida Karoney from doing so.
Environment and Land Judge Samson Okong’o certified the case filed by Kariobangi Sewerage Farmers Self Group urgent and scheduled a hearing on Thursday.
Through Lawyer John Khaminwa, the group told the court that they have occupied the land since 1996 and unless the court intervenes they will be rendered homeless.
“The respondents violated our right to the peaceful occupation of the property when hey served us a letter threatening us with eviction. Their action is unlawful since we acquired the land lawfully having been given allotment by the county government of Nairobi willfully without fraud,” the group said.
Karoney, then Water CS Samson Chelugui, Kasarani deputy county commissioner, County of Nairobi, Registrar of Titles, Chief Land Registrar and the Attorney General are respondents in the case.
Khaminwa told the court that both CSs had no right to claim the land since the government ownership over it lapsed after it was transferred.
Court documents say Nairobi county recognised the residents' occupation of the land two decades ago.
The residents said they expected that once the property had been allocated to them, they would exclusively occupy it.
“But come 22 April last year, we were shocked when we were served with an eviction letter by the Lands CS and County of Nairobi informing us that we would be evicted from the land,” they said.
The actions of the entities were malicious and tainted with bad faith, they said.
"All state organs are bound by the law and they have no right to subject any citizen to harassment or derogatory treatment," the group said.
“They are endangering our lives especially at such a time when the country is grappling with the coronavirus pandemic.”
(edited by o. owino)
