High Court Declines to Suspend for Eviction of Njiru Residents

High Court has declined to suspend an order for the eviction of thousands of residents of Njiru, Chokaa, and Mihang’o areas in Nairobi on 1,000 acres of land owned by the late politician Gerishon Kirima

In her decision on Monday, November 20th, Judge Anne Omollo of the Environment Lands Court declined to suspend the December 31 demolition order issued in a judgment rendered by a superior court judge Samson Okon’go pending the determination of a lawsuit lodged by the occupants.

Further, the judge also declined a request by the son of a former Italian settler Demico De Masi, who alleges to be the owner of the land, to be enjoined as an interested party in the suit.

The court decision comes after the residents of the land challenged Justice Okong’o’s order issued on October 23 that vested the land to the family of the late Gerishon Kirima

He further ordered all illegal occupants of the land to vacate, failure to which the beneficiaries of the Kirima estate would forcibly evict them.

According to the Njiru residents,Kirima family was irregularly stocking the property since the land belonged to Demico, an Italian national.

They added that during their stay on the land they have developed over 15 schools, four SDA churches, Private academies, High schools, Njiru Level 4 hospital, Comboni and St Monica catholic churches among other institutions.

According to the petitioners, they are on the verge of being rendered homeless if the judgement of Justice Okong’o is implemented.

The court papers reveal that since the pronouncement of the High Court that they should vacate the land, thousands of affected settlers have fallen sick and are currently hospitalized in various facilities with life-threatening diseases.

The settlers claim that they have been paying land rates to Nairobi City County.

The case will be heard on January 29, 2024