Court Suspends Embakasi Demolitions On Disputed Land

by Mahakamani News

A Nairobi court has suspended planned eviction of more than 10,000 families from a disputed property in Embakasi.

Senior resident magistrate D. Ombeja issued the order after Nairobi Governor Mike Sonko moved to court seeking to stop the evictions.

The evictions were to be carried out after Zachariah Baraza, who trades as Siuma and Orbit Chemical Industries limited obtained seeking to evict the dwellers after winning a court battle. OCS Embakasi Police station was ordered to supervise eviction.

“The stay of execution of the order made on14th January 2019 and issued on 4th April 2019 in this proceedings is hereby stayed pending inter parte hearing of this application,” ruled Ombeja.

The court enjoined Nairobi County Government as an interested party in the matter.

The Governor’s decision was provoked by the DDC meeting held on May 23, after which Governor Sonko blasted Embakasi South MP Julius Mawathe on phone.

Through lawyer Harrison Kinyanjui, the county government wants to demonstrate that the original applicant, Zachariah Baraza T/A Siuma and Orbit Chemical industries limited misled the court into issuing eviction orders without jurisdiction and against the express provisions of the Land Act.

Governor Sonko sought for a status quo to protect the innocent victims. Kinyanjui argued that the matter was urgent and ought to be heard expeditiously as Orbit Chemicals have set bulldozers and earth moving machinery on the disputed parcel, ready to commence evictions.

“The original applicant, Baraza sought to enforce orders that have since elapsed by effusion of time (being in excess of 12 years subsequent to their issuance) by reason of which the orders or eviction issued are based on an illegality,” said the County.

Baraza and Orbit are abusing the court process when they are seeking to enforce orders ostensively issued within Nairobi HCCMisc.784/1996 which suit ought to have been invoked by original applicant for any execution process and consist of the best forum.

In an affidavit sworn by the County’s acting Chief Officer urban planning Ruth Waruguru said the county the government seeks to be enjoined in this proceedings as they stand directly affected by impugned orders of January 19.


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