Court blocks Nairobi County from children home’s property

Tuesday, January 31st, 2023 09:00 | By
Court blocks Nairobi County from children home’s property

The Environment and Lands Court has prohibited Nairobi City County from forcibly occupying a property which hosts Nairobi Premier Academy School and a Children’s Home in Garden Estate.

Justice Oscar Angote issued the temporary order until February 8 when a case filed by Hi Jung Oh Children’s Home will be heard inter partes.

The children’s home through lawyer Harrison Musyoka Lusyola accuses the County government of unlawfully gaining forcible entry into the suit property and undertaking illegal and unlawful demolitions.

It is their case that they filed the suit on 23rd January 2023 seeking orders against the County Government but the court directed the case to be mentioned on February 8.

The County government, despite being aware of the suit in court, proceeded to unlawfully gain forceful entry into the suit property which include the school Nairobi Premier Academy school and the Children's Home on January 26.

“The County Government demolished the main Gate into the suit property, temporary structures and the toilets that the Children and Pupils use,” said Sang- Mi Oh who is the Administrator and the Managing Director of the Children’s home in court documents.

It is their case that the said forceful entry or trespass, together with the demolitions were done with malice, without any notice, right or Court Orders.

“Nairobi City County in undertaking the said demolitions of the gate and toilets have put the lives and rights of the children therein in danger. Specifically, the right to shelter, right to education and sanitation. Furthermore, the security of the children living and attending school there stands jeopardized,” argued the Director in Court documents.

They argue that the County Government has clearly shown their disregard for the law, order and court process since they never had or produced any authority to undertake the forceful entry and the demolitions.

The Children’s Home claimed it remained fearful that the Nairobi City County, its officers or its agents will keep its word and return to cause more destruction of the structures within the suit property.

“Consequently, without the intervention of the court, the Applicant stands to continue suffering loss and the interference of its quiet possession and use of the suit property by the Nairobi City County, together with the children in the suit property,” they argued in court documents.

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