The Environment and Land Court directed a matter where 30 officials of Chokaa Upper Chamber Development Welfare Group have sued late Gerishon Kirima’s second wife and daughter to be mentioned before the presiding judge on March 5, 2024.
The matter had come up for directions on February 27, before Justice Judy Omange.
The applicants who are in possession and occupy the suit property located in Mihang’o, Nairobi County, had on February 24, moved to court seeking orders restraining the Kirimas from forcefully evicting their members from the property.
In the petition, the unity self-help group, Hurlinghum squatters development, Njiru Mihang’o Farmers Housing Scheme, the lands registrar, Nairobi, the Attorney General, Teresia Wairiu Kirima and Anne Wangare Kirima, the Administrators of the estate of the late Gerishon Kamau Kirima (Deceased) and Nairobi city county government have been sued.
“…the honourable court be pleased to order restraining orders against the defendants whether by themselves or their representative, servants , agents, and/or any other person authorized by them from forcefully evicting the plaintiff’s members or interfering with the plaintiff’s members’ quiet enjoyment from the plots they each presently occupy, pending the hearing of this application,” read the court papers.
The welfare group allege that the members purchased the plots which are all located within various courts within Chokaa Upper Chamber Welfare Group located in Chokaa, Njiru Sub County now famously known as Kirima land from the unity self-help group, Hurlinghum Squatter Development and Njiru Mihang’o Farmers Housing Scheme.
They allege that the members were given ultimatum by lawyers of the late Kirima’s estate administrators through a letter to either purchase the plots they were residing in or be evicted from their respective plots.
This follows a court judgment delivered on October 23, 2023 which ruled in favor of the Kirima family and subsequently ordered the persons occupying the said property to vacate on or before December 31, 2023 or risk being evicted by the land registrar, Nairobi.
The Chokaa Welfare Group allege that they were never a party to or participated in the proceedings.
“The plaintiffs also received varying prices quotation from the various letters sent to them by the advocates of the 6th defendant without consultation with the plaint members,” the welfare group says.
They also argue that their attempted discussions with the Nairobi governor, deputy county commissioner and land registrar did not bear fruits due to interferences by unknown brokers.
Despite attempts to engage the Kirimas for negotiations, they allege that the responses from the family and Nairobi City Council have been uneven.
The family requested members’ contacts while the council remains unresponsive.
Furthermore, they argue that the absence of a site visit during the court visit is a likelihood that the plots the members reside in are not located in the Kirima land.
“….seek to have topographical survey maps or survey to be done on the 6 defendant’s property to ascertain the exact location of the 6 defendant’s property and to establish whether the plaintiff’s members are at all affected by the decision of the court in Nairobi ELC no. 1257 of 2014,” read the papers.
The welfare group wants the plots to be properly valued, considering the appreciation in property value due to members’ developments.
They also propose installment payments for the purchases due to financial constraints of their members.
Further they accuse the unity help group, Hurlinghum Squatters development and Njiru Mihang’o farmers housing scheme of misrepresentation and non-disclosure of land dispute claims, urging the court to protect their members from potential demolition and fraudulent payments.