Construction of a multi-billion project on public land halted

The Environment and Lands Court (ELC) judge, Mr Justice Edward Wabwoto, suspended the construction of the towering 16-storey apartments pending the determination of a case filed by the tenants and the Starehe Community Group (SCG) in February 2023.

Justice Wabwoto ordered that all construction work on the disputed land be stopped "pending the determination of the matter by the court on 20 July 2023".

The judge made the order on 13 June 2023 after being informed by lawyers Bryan Khaemba and Ben Nzakyo that the developers were constructing the 8th floor of the mushrooming high-rise buildings on the disputed land.

A government lawyer, Allan Kamau, told the judge that he would present evidence to prove that the land on which the development is taking place is public land.

Mr Khaemba urged Justice Wabwoto to stop the construction, saying the public land in question had been earmarked for the construction of a school and health facility.

"Unless this court intervenes and stops the construction, there will be nothing to salvage by the time the case is heard and decided," Khaemba said.

In a brief ruling, Justice Wabwoto ordered that "the ongoing construction work be stopped pending the determination of this court".

The tenants have also asked Justice Wabwoto to set aside orders allowing Ubdi Yahye Haji and nine other developers named as defendants in the case to continue with construction.

Ubdi claims she was allocated the land 26 years ago in a handwritten letter to the Lands Ministry, but the tenants have disputed the letter.

In the case, the tenants, through Ephantus Mugo Muriuki, Dennis Thuo, Martin Ngige, Julius Ngatia and Charles Ngugi, have sued the lead developer, Ms Ubdi Yahye Haji, and 15 others as defendants.

Ubdi and its co-developers have also filed a lawsuit seeking to restrain the tenants (plaintiffs) from interfering with the project.

The developers claim to have invested billions in the housing project.

A three-bedroom apartment sells for Sh8.7 million, while a four-bedroom apartment sells for Sh10 million.

But the plaintiffs have questioned the legality of the title deed issued to Ubdi Yahye Haji (the first respondent), telling the magistrate that she used a different name at the Lands Office when applying for the plot.

Khaemba and Nzakyo revealed the names used by Ubdi as :-Ubdi Yahye Hagi and Udbi Yahye Haji.

The court heard that she obtained national identity cards using the two names - Ubdi Yahye Hagi and Udbi Yahye Haji.

The judge was told that Ms Ubdi Yahye Haji used a National Identity Card belonging to one Duncan Ng'ang'a Kimani to register the disputed land at Ardhi House.

"While applying to the Kenya Revenue Authority (KRA) for clearance and registration of the plot of land at Ardhi House of Nairobi/Block104/520," Mr Muriuki said in an affidavit.

The National Registration Bureau has since confirmed to the court that the ID number 3****17 was originally issued to one Duncan Ng'ang'a Kimani.

Muriuki says Ubdi used the same ID in the title deed issued to one Muhyidin Mohamed Dhuhulow when he transferred one of the disputed properties for Sh6 million on 28 September 2016.

Ubdi has confirmed the ID issue in her affidavit by stating that her official name is Ubdi Yahye Hagi, but in the transfer deed to Dhuhulow, she states that her name is Udbi Yahye Haji.

Ubdi also states that her national ID number is 2*****4, but in the transfer documents she says her ID number is 3*****7.

Her KRA pin certificate states that she was born in Mandera in 1958, but in a further affidavit to the court she said she was born in Isiolo County in January 1968, 900 kilometres away.

The judge heard that the land in dispute had been transferred to NCC as LR Nairobi/Block 104/271 and was later changed to Nairobi/Block LR 104/520 under unclear circumstances, "thereby setting the stage for fraudulent acquisition and grabbing by the first respondent (Ubdi) in cahoots with key players in the Ministry of Lands and the Attorney General.

It has also been revealed that the conveyance process by Ubdi for Nairobi/Block 104/525 has some misrepresentations as it was done by Ms Muriithi & Ndonye Advocates and not Monicah Wanjiku Mbugua Advocates as they (Ubdi) claim.

"That overall, given the chronology of events, it is clear that Udbi's acquisition of the land in dispute is fraught with serious questions of legality and regularity," Muriuki says in his submissions to the court.

He is therefore asking the court to return the land in question to the more than 5,000 tenants of Juja Road Estate because Ubdi cannot transfer good titles to the six developers - Fatuma Maalim Alio, Muktar Abdulle Omar, Dhuhulow, Adan Gabone Noo, Hawa Elmi Sheikh and Ali Rukenyo Ahmed - who are also named as defendants in the suit.

Others sued are the Attorney General, the Chief Land Registrar, the Commissioner of Lands, the Nairobi County Government and the Director of Physical Planning.

Justice Wabwoto ordered that the case be mentioned on 16 June for further orders.

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