Court stops State from evicting 8000 families
By Alphonce Mung'ahu
The High Court has issued orders stopping the government from evicting over 8,000 families of Kariobangi North farmers sewage Self HelP Group from a disputed land.
Justice S. Okong'o of Environment and Land Court on Sunday issued the prohibition orders following an application under certificate of urgency filed by lawyer Dr John Khaminwa.
The judge barred Cabinet Secretary (CS) Water Sanitation and Irrigation and CS of Lands and Physical Planning from evicting the applicants from land property number L.R No.Nairobi/Block/175 pending the hearing of the application inter-partes.
This was after Justice Okong'o certified as urgent the application filed on Sunday by Dr Kkhaminwa and directed the application to be served forthwith upon the respondents for hearing remotely on May 7, 2020 through Microsoft Teams Video Conferencing platform.
In sworn affidavit by Isaak Abdi Adan, who is the chairman of the Kariobangi farmers Self Help Group, says the petitioners are legal owners of the disputed property known as Nairobi/Block/175 which they acquired through allocation by the fourth respondent, Nairobi County.
He says that after the allocation the fourth respondent recognized the petitioners occupation of the land as lawful and have even developed the property.
However, Adan said that on April 22, 2019 the petitioners were shocked when they were served with an eviction letter by the second respondent and fourth respondents informing them that they would be evicted from the land.
"The applicants had legitimate expectation that once the property had been allocated to them they would exclusively occupy the land without any interruption from anybody whatsoever including Government agency," said the chairman.
He says that the respondents action is malicious and tainted with bad faith and is against the spirit of constitutionalism which proves the Government agency should respect people's right.
