Group sues to stop eviction from Kirima family land

More than 30 people of a welfare group have gone to court to protect themselves from possible eviction by the family of former Starehe MP Gerishon Kirima from their homes in Njiru area of Nairobi.

Members of the Chokaa Upper Chamber Development Welfare Group and their families went to court saying they feared their houses would be demolished by the Kirima family or their agents.

The group, through their lawyer Cecil Miller, also want to be allowed to pay for the plots they are occupying in instalments and after a survey has been conducted to confirm whether their plots are within the Kirima family's land.

“The plaintiffs are very apprehensive that they may be forcefully evicted from their homes and face huge financial losses,” Mr Miller submitted to the court.

Judge Judy Omange directed that the case be referred to the presiding judge of the Land Division for consideration as there were other matters raising similar issues pending before the court.

March 5

The case will come up for directions on March 5.

Last year, Justice Samson Okong'o ruled that the sprawling property belonged to the late MP's family and gave the occupants until December 31, 2023, to leave or face eviction.

The homeowners later returned to court and obtained an interim injunction halting their eviction while they negotiated with the Kirima family.

Evidence presented to the court showed that the former MP's family owned two plots of land, L.R. No. 5908/8 and L.R. No. 6852/2, registered in the name of Gerishon Kamau Kirima.

Part of the land was used as a slaughterhouse and an adjoining plot was used as a cattle ranch.

However, the squatters claimed that they had received allotment letters from the defunct Nairobi City Council, while others tried to claim ownership through adverse possession.

In the latest case, the welfare group said it was ready to pay for its share after it was confirmed that the land belonged to the Kirima estate.

They claim to have bought the land from several groups and have certificates to prove it.

Mr Miller said the group was aware of the court ruling in favour of the Kirima family.

Since then, they say they have received letters from people claiming to be representatives of the late Kirima's estate, offering to sell them the land. They say the people have given them priority and that they will be evicted if they fail to pay.

They allege that the process has been interfered with by unknown persons seeking to profit from the transactions.

Conclusive survey

“The plaintiffs state that upon conclusive survey and the plaintiffs members plots being confirmed to be within the 6^th defendant’s (Kirima estate) properties, then valuation of plots will be required noting that at the time the plaintiffs members bought the parcels and having taken possession of the plots, the said plots were vacant and undeveloped,” the welfare group said.

Mr Miller said the homeowners were persons of meagre means and were unable to pay the full amount of the purchase price of their respective plots, but were willing to pay after valuation by the government valuer.

The group said the persons who sold them the plots had misrepresented themselves as the genuine owners of the plots and had never informed them of the dispute pending before the courts.

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