More than 500 Njiru residents file new case challenging their eviction
Aerial view of Njiiru land that court declared belongs to the family of late Gerishon Kirima.
What you need to know:
- Fresh evidence filed in court by residents alleges that the land belongs to one Demico De Masi ( now deceased), a former Italian settler, being administered by his son Bernado Vicezo De Masi.
The land ownership saga over 1,000 acres of land in Njiru area has deepened further after more than 500 new claimants filed a case accusing the Kirima family of irregularly claiming the property.
A fresh suit filed by the chairperson of Runway View Residents Association, Mihango area, Mr George Ouma Olola, is seeking the court's intervention to suspend the December 31, 2023 demolition order.
On October 23, 2023, Justice Okong'o vested the land in dispute to the estate of late Billionaire Gerishon Kirima. The judge ordered all illegal occupants of the parcel to vacate, failure to which the beneficiaries of the Kirima estate will forcibly evict them.
Read: Distraught Njiru land buyers move to court to block looming demolition
Aggrieved by the judge's decision, the 500 members of Runway association have lodged a new suit under a certificate of urgency alleging that Kirima is not the owner of the land in dispute.
According to fresh evidence filed in court, it has been revealed that the land belongs to the estate of one Demico De Masi ( now deceased), a former Italian settler, being administered by his son Bernado Vicezo De Masi.
"The applicants are seeking to have Bernado Vicezo De Masi enjoined in the fresh case to shed light on the true ownership of the Multi-billion parcel of land," Olalo states in his supporting affidavit.
Read: Babu Owino threatens to take Njiru land fight to Supreme Court
The chairperson claims that he and the association members are in utter shock by the decision of the court as they have been residing on the parcel of land for over 40 years.
He adds that during their stay on the land they have developed many schools, churches, Njiru Level four hospital, among other institutions.
Olalo says that since the pronouncement of the High Court thousands of affected settlers have fallen sick and are currently hospitalised in various facilities with life-threatening diseases.
In its bid to prove ownership, the association has presented to the court a title deed dated 1937 issued in favour of the Italian investor the late Domico de Dema.
He says that the applicants are on the verge of being rendered homeless if the Judgement of Justice Okong'o is implemented.
The association chair says that the 500 settlers have been paying rates to Nairobi City County.
The suit filed by the settlers through Danstan Omari follows another one filed by 25,000 residents of Njiru last week who also seek to be declared owners of the land they occupy claiming that a government policy enacted by former Cabinet Secretary, in charge of lands, James Orengo during the regime of Mwai Kibaki recognised their ownership.
The 25,000 petitioners filed the suit through two MPs Babu Owino (Embakasi East) and Ronald Karauri (Kasarani) seeking to suspend the implementation of the court decision to evict them.
