Thousands of Chokaa residents in Nairobi’s Njiru sub-County are facing eviction after they failed to meet conditions set by the Kirima family on whose land they have settled.
The residents were given strict conditions by lawyers representing the estate of the late tycoon to pay the family for the land.
In October, a court ruled that the land legally belonged to the estate of the late Gerishon Kirima and ordered the settlers to leave.
One of the harshest measures imposed on them, the residents said, is to pay the Kirima family's valuation of the land within a week.
The amounts, they said, are way above the current land value in the area. Two independent valuations done by the residents show that an acre should go for about Sh6 million for those under the Savannah-Kigali Residence Association (Sakra), yet the rate given to them by the family is close to Sh25 million per acre.
The rate of Sh6 million per acre is for plots close to the main road; those in the middle section were valued at Sh5 million per acre, while those in the lower section were valued at Sh4 million.
In a desperate attempt to stop the impending demolitions, residents have petitioned the Environment and Land Court to protect them.
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“We, the interested parties, have invested heavily in the buildings in respect of which an order has been made requiring us to vacate our properties by 31 December 2023, failing which we will be forcibly evicted and will suffer irreparable damage and loss if the said eviction is carried out.
“We seek the intervention of this court to ensure that our properties are not demolished by the administrators of Kirima Estate (Anne Wangare Kirima and Theresia Wairimu Kirima) with the assistance of the National Police in the name of enforcing the orders of this court,” the petition reads.
The residents’ only hope now lies in the hands of the court, which is expected to make a determination on their petition on January 23, 2024.
On December 22, 2023, the residents received letters from Kaplan and Stratton Advocates, the law firm representing the Kirima family, detailing the amount to be paid and bank details.
One of the letters states that after verifying the actual size of the plot and the location of the residential court, the final terms include the payment of Sh2.167 million for a plot measuring 30 by 60 feet, which is an introductory plot purchase price. A further Sh100,000 is to be paid as an introductory administrative charge for a detached house to cover subdivision costs, surveyor’s fees and legal fees for the land.
It is the third condition that has left hundreds of families in a state of shock: “The total sum of Sh2.167 million being the purchase price of the land and Sh100,000 being the administrative costs is payable immediately upon receipt of this letter but not later than 29 December 2023 to regularise your continued occupation of the land.”
The letter adds: “If you have NOT paid in full by 29 December 2023, the Estate reserves the right to revert to the deadline of 31 December 2023 set out in the eviction court orders.”
A copy of another letter from the residents, dated the same day, gave the exact details, with the only difference being the price of the land, which was pegged at Sh2.02 million for a 30 by 60 foot plot.
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The residents say they are willing to pay for their plots, but the terms are harsh and seem designed to ensure they are evicted.
Speaking to the Nation, Sakra chairman Jonathan Opiyo said the payment terms for the plots were inconsiderate.
“The prices are really high. We have people being asked to pay up to Sh3 million for 40 by 80 feet plots. The 30 by 60 (feet) plots are valued between 2.1 and some go up to Sh2.7 million. According to an independent valuation we did, a 30 by 60 foot plot should sell for Sh500,000 at this location,” he said.
Mr Opiyo was referring to a valuation done by ACIMA Consult Limited on November 23, 2023, on the 472.5 acre piece of land.
The valuation noted that a copy of the title deed provided showed that the land was a freehold title registered in the names of Gerishon Kamau Kirima and John Gerishon Kirima.
“Subject to our terms of reference, limiting conditions and general remarks, we value the unencumbered freehold interests in the plots of land in Chokaa Estate, Njiru as at today’s date (November 23, 2023) as follows. A- Near the road, open market value; one acre at Sh5 million and for 30 by 60 feet at Sh500,000,” the report states.
The 30 by 60 foot plots in the middle section were valued at Sh420,000, while the same size plots in the lower section were valued at Sh350,000.
Another valuation was done at the behest of Highlife Estate Njiru Residents Association for their properties located about one kilometre and 1.7 kilometres from Ola Energies petrol station and Sr Monica Catholic Church, respectively.
The valuation done by Milestone Land Access Limited on November 24, 2023 shows that an acre in Zone 1 is valued at about Sh12 million, with the 40 by 80 feet plots valued at Sh1 million while the 30 by 60 feet plots are valued at Sh600,000.
An acre in Zone 2 is valued at Sh10 million, a 40 by 80 feet plot at Sh850,000 and a 30 by 60 feet plot is valued at Sh500,000. The same sizes in Zone 3 are valued at Sh8 million, Sh700,000 and Sh400,000, respectively.
Mr Meshack Ooko, a resident of Highlife Estate, said although they had not received any letters from the Kirima family, they were very concerned about the plight of their neighbours in Sakra and had therefore sought an independent valuation to guide them.
“We want the government to help us and do a good job so that we can sit down with the Kirima family members and negotiate together. Our main concern is the valuation of the land and the terms of payment. We agree that the land belongs to the Kirima family and we all want to pay, we just need them to be humane,” he said.
When they began talks with the Kirima estate in October, the locals had told the family that they would like to negotiate jointly rather than individually.
“We believed that they would give their offers per court ... But now there seems to be a divide and rule strategy where they are sending letters to individual families,” said Mr Opiyo.
