Nairobi Governor Johnson Sakaja has been directed to fill the trenches covering the gate of a prime property belonging to the widow of former Attorney General James Karugu.
Environment and Land Court Judge Anne Omollo said Sakaja, his deputy James Muchiri, the Housing executive and the Nairobi county government (respondents) have seven days to comply with her directive.
In the event they don’t, the Judge gave Lucy Muthoni Githire (the widow) the liberty to cover the trenches specifically blocking her gate into the suit premises pending further orders of the court.
The Judge at the same time extended orders restraining the respondents from evicting, fencing or dealing in any manner with the suit property either by themselves, their agents or persons working under them.
The parties in the case were granted more time to file the necessary documentation in the case.
The matter will be mentioned on April 11 to confirm compliance.
Muthoni in her petition claims to be the registered owner of properties situated at Fourways Junction along Kiambu Road, off the Northern Bypass.
She lost her husband James Karugu in 2022.
Karugu was Kenya’s second independence-era Attorney General.
Muthoni claims to have purchased the properties from Dr Samuel Mundati Gatabaki and Nancy Wanja Gatabaki through a sale agreement dated November 5.
“I have been enjoying my quiet possession of the property until December last year when the county government, county askari and their agents invaded my property and erected illegal structures around it,” she said.
She says the action by the county blocked access to her premises which has scared away her clients and caused loss of business.
“We protested against the activities and requested for explanations on the reasons for illegal fencing but the respondents through their agents nevertheless proceeded to erect the said illegal fence, with the only reply to the queries being they were acting on orders from above, ” reads her documents in part.
What followed was the respondents declaring that the property was surrendered to the county, and directed that notice to vacate be issued.
But in response to the petition, the Nairobi County Government Lands Chief Officer said the parcel of land measuring 18 acres is a public utility space belonging to the county government.
She acknowledged that in October last year, a team of officers from the department of lands and public works visited the property near the Four Ways Junction Mall to demarcate and fence it to safeguard it.
She says she is aware of private entities claiming ownership but maintains that “the parcel of land L.R No. 5980/1 is a public utility land in respect of which the county government should claim, possess, develop and be its custodian. Any other claim on or against it should be treated as illegal.”
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