Residents of Woodley Estate have suffered a blow after the High Court declined to prohibit the Nairobi County Government from demolishing houses in the estate to put up new units under a Sh10.2 billion affordable housing project.
Striking out the petition filed by the residents through Joseph Ngotho and Pinto Kali on behalf of 41 others, Justice Oguttu Mboya said “the true identity of the affected tenants has not been disclosed to the court”.
He allowed the plea by Dr Adrian Kamotho for Africa Reit Limited and the county government to allow demolition of the old houses to pave way for the construction of modern houses. The judge vacated earlier orders barring the pulling down of the houses.
“As correctly submitted by Dr Kamotho for Nairobi County, the petition has been filed for and on behalf of 41 other tenants/residents of Woodley Estate, whose names have neither been disclosed nor enumerated,” said Justice Mboya.
The lawyer had contended that the identity of the affected tenants is vital if they are to benefit from the reliefs sought. In the absence of the information, he urged that the petition be struck out.
“In the absence of disclosure of the identities of the other 41 residents on whose behalf the Petition has been filed, the Petition is deficient and thus incompetent,”ruled Justice Mboya.
Further the judge stated that the issue of demolition of the housing units was acknowledged and conceded by the petitioners.
“Therefore, there is no gainsaying that what was sought to be restrained has since accrued,” he said. “Simply put, if there were any irreparable loss, the same has happened and thus cannot be restrained.”
The judge added that if by any chance the petitioners and the rest of the residents on whose behalf the petition was filed have suffered any loss, such loss could be atoned for in damages.
The court further observed that the petitioners also failed to establish and demonstrate the likelihood of irreparable loss arising, adding that “from the discourse it must have become apparent that the petition... relates to issues which have variously been canvassed and determined in previous proceedings.”
The petitioners, the judge further noted, did not demonstrate and/or establish any connection to the suit property.
Immediately after the judge delivered the ruling, veteran lawyer Dr John Khaminwa for the residents said he would appeal against the court’s decision.
Meanwhile, the county has defended the evictions citing a 90-day notice, compensation of Sh900,000 and issuance of allotment letters to each of the evicted homeowners in the 10-acre plot under development.
In a memorandum of understanding (MoU) between the county and Woodley Estate Lot 1 tenants seen by the Nation, the devolved unit entered into a joint venture agreement with Africa Reit for the development of 1,975 affordable housing units.
“The developer shall provide the tenants with relocation facilitation in the amount of Sh25,000 for the period of 36 months in lump sum (Sh900,000) at the point of notice to vacate the premises,” states the document. “Upon fulfilment of the above, the tenants shall vacate on or before the lapse of the 90 days period.”
Nairobi Governor Johnson Sakaja disclosed that statements by critics, “this is the most humane relocation ever in the history of Kenya where tenants received rent money for three years (36 months) and allotment letters which means they will benefit from the units once completed”.
“This means that we are giving our tenants free houses upon completion, houses which they have not paid for and are not buying because as a county we are not an entity that is in business,” Mr Sakaja said.
Housing and Urban Renewal Chief Officer Lydia Mathia said that whereas several homeowners had been compensated, the county has faced the challenge of double or even triple claims which had resulted in disputes. She pointed out that some had rented out their houses to third parties who had then received compensation.
Mr Sakaja pointed out that upon compensation, and with the court greenlight, the county government would proceed with the evictions and construction plans.
