Directors of four companies building residential houses on three acres owned by a public health centre in the city have been given 21 days to file their defence in a contempt of court case.
High Court Judge Loise Komingoi heard that the Highridge Public Health Centre, which serves more than 100,000 Nairobians, has been grabbed. The land is valued at more than Sh1 billion.
Justice Komingoi heard from lawyer Thomas Oriwa, appearing with Mr Kassim Akida, that her orders of February 12, 2020, requiring the status quo to be maintained, were violated and construction of the residential houses is in top gear.
“Despite orders of this court that status quo be maintained construction is ongoing,” Mr Oriwa told the judge.
He urged the judge to proceed with the contempt of court case, but lawyers of the eight defendants applied to be indulged for 21 days to put in their defence.
Serves over 100,000 residents
A petitioner, Mr Ali Ngoroi, stated in his evidence before the court that the health centre serves more than 100,000 residents of Deep Sea, Masai, Kwa Njoroge, City Park Forest, Mji wa Salama, Githogoro, Muringa and Gachie slums.
Mr Ngoroi has sued Garun Investment Ltd, Alif Homes Ltd Parklands, the County Government of Nairobi, the Chief Land Registrar, the Attorney General, Dayah Construction Company Ltd, Elmi Afrah Properties Ltd and Mr Ahmed Hassan Ismail.
Mr Akida, who is seeking to have the defendants jailed for contempt, says the City County of Nairobi holds in trust all the land on which health centres are built in Nairobi.
“The defendants have, with impunity, flagrantly refused to obey the orders of this court dated February 12, 2020, with regards to any dealings, demolition, developing and or dealing with the land on which Highridge Public Health Centre stands,” said Mr Akida.
In the evidence filed in court, Mr Ngoroi says Garun Investment Ltd is the current registered owner of the parcel of land on which the health centre is built.
“Garun Investment Ltd, the current registered owner of the property in dispute, alleges it bought the land from a M/S Golden Crest Ltd,” says Mr Ngoroi.
Golden Crest claims it was allocated a portion of the property in dispute by then Minister for Local Government William ole Ntimama – now deceased — on February 6, 1996.
Mr Ngoroi states the land, which is a leasehold held by the Nairobi City County, was fraudulently converted and issued with a new title deed.
The petitioner says there are no minutes from the predecessor of the city county, the Nairobi City Council, showing the land was surrendered to the government or to any private individual.
“Therefore, the process to transfer the land to the defendants is not only fraudulent, but also illegal,” says Mr Ngoroi in the documents.
The petitioner says the purported sale and demolition of the clinic has been in the public spotlight and concerns had been raised in the media.
On June 24, 2019, the court was urged to issue an injunction restraining the defendants from interfering with the land.
“The public who depend on the clinic for health services stand to be greatly prejudiced if the facility will be demolished and private entrepreneurs move in,” states Mr Ngoroi.
