- The case was filed by Embakasi East MP Babu Owino who was accompanied by his Kasarani counterpart Ronald Karauri.
- MP Babu last week announced that they brought the original owner to the country to help in addressing the stalemate.
The son of the alleged original owner of Njiru land has moved to court seeking a review of the judgement naming former Starehe MP Gerishon Kirima as its rightful owner.
The case was filed by Embakasi East MP Babu Owino who was accompanied by his Kasarani counterpart Ronald Karauri.
MP Babu last week announced that they brought the original owner to the country to help in addressing the stalemate.
"Today (Tuesday) we filed a Case in Court to support Dominico De Masi as the Rightful owner of the alleged Kirima’s Land," Babu said after filing the case.
"Domenico will negotiate with the residents of both Embakasi East and Kasarani Constituencies and as things are they want Residents to continue staying there for Free. We will win this War."
In an affidavit filed on Tuesday, the applicant, Bernado Vicezo Demasi said the land belongs to his late father Dominico De Masi.
Vicezo, in his affidavit, stated that he had crucial evidence and information to support the ownership, adding that following his father's death, the land was devolved to beneficiaries pursuant to a certificate of confirmation of grant issued on January 31, 2011.
"That it is in the interest of justice and fairness that the honourable court order for a review of its judgement dated October 23, 2023, to accord itself an opportunity to be presented with facts and evidence and evidence in my possession to enable itself to reach a fair and just determination," the affidavits read in part.
This comes after the court gave the land's ownership right to the family of Kirima.
The judgment was issued by Environment and Land Judge Samson Okong’o, who gave the squatters up to December 31, to vacate and hand over possession of the property to the estate of Kirima.
Vicezo, however, said they were not aware of any sale or lease to the Kirimas and were shocked by the judgement issued on October 23.
They argued that the De Masis had not been made aware of the suit or the dispute over the land.
He added that the court had been presented with fake documents and that the respondents in the matter obtained the judgement through fraud.
Vicezo emphasised that he is the real owner of the Njiru Farm.
As such, he has requested the court to allow him in the proceedings so that he can testify regarding the matter.
"It is in the interest of justice and justice that I be allowed as the defendant in the main suit to assist the honourable court in examining all facts and reach a fair and just determination," Vicezo urged the Court.
Vicezo is confident that their emergence as landowners is important as new and unheard evidence will be provided during the review of the judgement.
The affidavit further said the judgement in question has affected the households, churches, hospitals, schools and other public institutions which are set to be demolished.
This will affect over 25,000 people.
The applicant is apprehensive that if the court does not certify the matter as urgent and admit them as defendants and/or interested parties in the matter, his father's estate will suffer irreparable harm.
He further stated that the same will also apply if the court does not stay the execution of the judgment.