- The residents claim that some of them were unable to get alternative shelter after eviction.
- Judge Elijah Obaga said they should be allowed to remain in the disputed land until the matter is heard.
Image: DOUGLAS OKIDDY
The Environment and Land Court has issued an order stopping the government from displacing the 8,000 residents of Kariobangi it forcefully evicted on May 3.
Judge Elijah Obaga said they should be allowed to remain in the disputed land until the matter is heard.
The case will be heard on June 2 before Judge Samson Okong’o .
The residents were left homeless following forceful eviction by the government now want the ongoing construction in the disputed land stopped.
Through Lawyer John Khaminwa, the residents claimed that some of them were unable to get alternative shelter after eviction.
They had pleaded with the court to intervene and issue an order stopping the state from further displacing them. The government disobeyed a court order issued on May 3.
Justice Samson Okong’o had restrained CS Land Farida Karoney, CS Interior Fred Matiang’i, deputy commissioner Kasarani, Nairobi county, Registrar of Titles, Chief Land Registrar and the Attorney General from evicting them until their application is determined
The state, they say, was in contempt of those orders. “Their actions were unconstitutional, illegal and malicious as we have been rendered homeless,” the residents say.
They were also seeking an order compelling the OCS Kariobangi police station to provide them with security on the suit property until the matter is determined.
“It's imperative the court issues the orders so that our rights can be protected especially during this crucial period of Covid-19 pandemic as we have no alternative place to settle currently,” read the court documents.
The residents have occupied the land since 1996. They argue the CSs have no right to claim their land since government ownership had lapsed after it was transferred to them.
According to the court documents, the County of Nairobi recognised their occupation of the land as lawful after acquiring it two decades ago.
They say their legitimate expectation was that once the property had been allocated to them they would exclusively occupy the land without any interruption from anybody whatsoever including the government.
Edited by Henry Makori