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Wachira, who lives in Ireland, has told court how he has lost income as result of the illegal demolition.
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He said the property had three blocks comprising 11 residential units, four shops and two ablution blocks, which was fetching him rental income of Sh192,000.
Image: ANNETTE WAMBULWA
A Kenyan businessman based in Ireland wants the court to award him Sh19 million as damages following demolition of his rental houses Pangani two years ago.
Amos Njugi Wachira is seeking compensation from Nairobi City County, Chief Land Registrar, Kachuodho Holdings and Sangira Ocholla for illegally demolishing his property in 2021.
The matter came up in court on Monday for hearing and the court was informed that Kachuodho Holdings and Sangira Ocholla did not enter appearance in the matter and have not filed any responses.
However, Nairobi City County and the Attorney General, on behalf of the Chief Land Registrar, agreed to defend the case.
They told Justice Jacklyne Mogeni that they will not be calling any witnesses in the matter.
Justice Mogeni wanted to know why the two - Nairobi City County and the AG - would not call witnesses considering the fact that they are the ones supposed to shed light to court on the matter being a land matter.
“This is a land matter, land cases are very sensitive when you don’t call any witness you throw the court into confusion," the judge said.
They both told the court that they had reached out to the ones in charge at the Ministry of Lands and they had not received any instructions on witness testimonies.
Wachira, who lives in Ireland, has told the court how he has lost income as result of the illegal demolition.
He said the property had three blocks comprising 11 residential units, four shops and two ablution blocks, which was fetching him a total monthly rental income of Sh192,000.
In his sworn witness statement, Wachira said the conduct of defendants of having his tenants evicted and having the building demolished without due process was illegal and has caused him mental anguish and agony.
He further said despite demand and notice of intention to sue having been given, the defendants have refused, failed and neglected to settle him.
Wachira has sued the Nairobi county for allegedly colluding with the Registrar of Lands to issue a certificate of lease to Kachuodho Limited while knowing too well that he is the bonafide and legitimate owner of the disputed land.
He said that following the said illegal and unlawful demolition of his property on October 28, 2021, he has suffered great mental anguish for which he holds "all the defendants liable jointly and severally."
Wachira further said that since he acquired the suit property there has never been dispute until 2021 at 5am when he received a call from his caretaker telling him that some goons accompanied by police officers had gone to evict tenants without notice.
After investigations he was informed that there was an order issued to Kachuodho by a magistrates court but Wachira claims the order was not for demolition.
"As is clear from the said order, it did not provide the demolition of the suit property and I was therefore at a loss as to why the police would participate in such a heinous and barbaric crime of demolishing my property,” reads court papers.