In Summary

  • Judge Samson Okong’o dismissed a claim by squatters who said they had lived on the land uninterrupted for more than 12 years.
  • Three group of squatters claimed the land and stated that they were entitled to the parcel through adverse possession.
Thousands of residents of Njiru, Chokaa and Mihang’o areas in Nairobi are now in the verge of homelessness after Environment and Land Court ordered  them to vacate over 1,000 acres of land owned by former Starehe member of parliament  Gerishon Kirima.
67 Days Grace Period

In a Monday  ruling delivered by Justice S. Okong’o, those occupying the over 970 acres of land have up to December 31st to vacate or be evicted from the property by Kirima Estate administrators.

The judgment was a culmination of a protracted court battle between the administrators and residents who some acquired the property through self-help groups.

The judgment delivered on Monday consolidated all the six cases that had been filed in relation to the ownership of the parcels of land.

The court declared the late Gerishon Kirima as the registered owner of the parcels of land.

Petitioners’ Claims

In the first case filed by John Otieno Obade on his own behalf and on behalf of 299 others who had moved to court seeking to be recognised as the rightful owners of 60 acres parcel of land in Kirima Njiru Farm, Justice Okong’o said they have no valid claim over the land and should vacate by December 31st failure to which Kirima estate are at liberty to evict them.

In the second case filed by Kamatuto Self Help Group on behalf of 1,310 others the court dismissed their case saying they have no valid claim over L.R No. 5908/8. The group has also been ordered to vacate the land by December 31st or face eviction.

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The same directions apply to the third suit filed by the Naridai Muoroto Self Help Group who the court says have no valid claim over the same piece of land claimed by the Kamatuto Self Help Group.

However, the court in a case filed by Paul Ndungu Kioi who told the court he had bought the land from the late Kirima, Justice Okong’o directed that the administrators of Kirima estate, Teresia Wairimu Kirima and Anne Wangari Kirima, complete the sale of portions of L.R No. 5908/8 known as 5908/679, 5908/680 and 5908/681.

Others who were involved in the suit and who have evidence of payment for the said plots have been directed to present receipts issued by Kirima or Embakasi Ring Road Developers.

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The verdict came as a shocker to residents who have pledged to cooperate with the family to resolve the issue and save their homes.

Each party has been directed to bear its own costs of the suits.

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