Scores of settlers on Kirima land appeal ruling
Some of the houses illegally constructed on a parcel of land owned by late billionaire Gerishon Kirima’s family in a photo taken on October 24, 2023.
Hundreds of families facing eviction on Kirima land in Njiru have appealed against the court ruling ordering them to vacate the more than 1000 acres of land.
In a fresh suit filed by the chairman of the Runway View Residents Association, Mihango George Ouma Olola, on behalf of over 500 members, they are seeking the intervention of the court to suspend the December 31, 2023 demolition order by a High Court judge Samson Okon'go.
On October 23, 2023, Justice Okong'o awarded the disputed land to the estate of the late billionaire Gerishon Kirima. The judge ordered all illegal occupants of the land to vacate the property, failing which the beneficiaries of the Kirima estate would forcibly evict them.
Aggrieved by the judge's decision, the 500 members of the Runway Association have filed a new suit under an urgent court order, claiming that Kirima is not the owner of the disputed land.
In the court papers, the association now claims that the land in question belongs to the estate of one Demico De Masi (now deceased), a former Italian settler, which is administered by his son Bernado Vicezo De Masi.
"The applicants seek to have Bernado Vicezo De Masi subpoenaed in the new case to shed light on the true ownership of the multi-billion dollar property," Mr Olalo said in his supporting affidavit.
The chairman claims that he and the members of the association are totally shocked by the court's decision as they have been living on the land for over 40 years.
He adds that during their stay on the land they have developed over 15 schools, 4 SDA churches, private academies, high schools, Njiru Level 4 Hospital, Comboni and St Monica Catholic Churches among other institutions.
Mr Olalo says since the High Court pronouncement that they should be on the land, thousands of the affected settlers have fallen sick and are currently hospitalised in various facilities with life threatening diseases.
" I represent the public interest in this matter due to the massive destruction of the community in the impending demolition ordered by the court, which will affect health facilities, educational institutions and religious places of worship," Olalo pleads, asking the court to intervene.
In its bid to prove ownership, the association has presented the court with a title deed from 1937, issued in favour of the Italian investor, the late Domico de Dema.
He says the applicants are on the verge of being made homeless if Judge Okong'o's ruling is implemented.
"For the applicants to be threatened with homelessness because of the court's timetable is inconvenient in view of the expected El Nino rains and the fast approaching family celebrations," says Olalo.
In addition, he says, the chief of Njiru has approached the current settlers to inform them "that the intended defendant, Masi, who is the legal owner, does indeed wish to process titles to the members of the association".
He says the 500 settlers have been paying rates to Nairobi City County.
The suit filed by the settlers through Danstan Omari follows another filed last week by 25,000 Njiru residents who also want to be declared owners of the land they occupy, claiming that a government policy enacted by former CS Lands James Orengo during Mwai Kibaki's regime recognised their ownership of the land.
The 25,000 petitioners filed the case through two MPs, Babu Owino (Embakasi East) and Ronald Karauri (Kasarani), seeking a stay on the implementation of the court order to evict them.
In their petitions, all the plaintiffs argue that the court's ruling is invalid because it failed to disclose material facts about the true owner of the first parcel of land, which stretches from Njiru to Jomo Kenyatta International Airport.
The original owner, a former Italian settler, the late Demico De Masi, is said to have grown sisal and raised cattle.
