In Summary
- Court Rule in favour of Orbit Chemicals Industries Limited
- National Bank of Kenya cleared ofblames on failure to eviction squatters
- The protracted legal battles started in 1988
Mukuru residents are now living in the verge of homelessness after a high dismissed the bid by six people to block the chemical firm from taking possession of land in Nairobi’s Mukuru kwa Nje
The Orbit Chemicals Industries Limited also sought orders auction buildings erected on it after a decades-long court battle.
Justice Edward Wabwoto dismissed the case by the six people saying they failed to prove that they purchased the land from the Kware Mukuru kwa Njenga Association.
Orbit Chemicals has been battling with squatters over the parcel of land since purchasing the land in 1987 from the National Bank of Kenya (NBK) and most decisions have found that the 95 acres of land belonged to the manufacturing firm.
“In this case, it is clear that the plaintiffs have failed to satisfy the conditions necessary for the grant of temporary injunction and in the circumstances, the notice of motion dated 08/08/23 lacks merit,” the judge said.
The Environment and Land Court judge ruled that the six among them Joram Kagimbi Kiarie, Nelius Kariuki and Wanjiru Gaturu did not provide evidence to show that the association could sell to them the property.
They claimed that they purchased the proerty between 2001 and 2009 and were issued ownership certificates.
They further said they have erected residential houses and commercial units, which risked being sold through public auction.
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The company, whose products comprise detergents, soaps and hand gel among other cleaning items, purchased the 95-acreand from NBK for Sh10 million in March 1987.
However, Orbit Chemicals failed to move in as squatters invaded the property.
