Over five thousand tenants of Juja Road Estate in Nairobi are seeking orders to return a 40.7-acre public utility land valued at over Sh600 million irregularly allocated to seven developers.
Justice Lucy Mbugua, who certified the case filed by lawyer Benson Nzakyo as urgent, directed the case to be heard on April 20, 2023.
Mr Nzakyo told the judge that the land that now has residential villas was meant for the construction of a modern playground for the children in the estate.
Justice Mbugua heard the land was allegedly subdivided without the knowledge of the tenants by one Ubdi Yayeye Haji and title deeds were issued.
“The land in question is a public utility land that was meant for the construction of a Nursery School, a playground and a recreational center for the residents of Juja Road Estate and was irregularly allocated to Ubdi Yayeye Haji,” Nzakyo told Justice Mbugua.
Justice Mbugua heard that already a portion of the 40.7 acres has been used for the construction of Villas.
Mr Ephantus Mugo Muriuki, who is the chairman of tenants of Juja Road Estate has named Ubdi Yayeye Haji, Fatuma Maalim Alio, Muktar Abdulle Omar, Muhyidin Mohammed Dhuhullow, Adan Gabobe Noor and Hawa Elmi Sheikh as defendants in the case in which he is pressing for the cancellation of the title deeds issued to them.
Others named as defendants are the Chief Land Registrar, the Attorney General, the National Lands Commission, Nairobi City County Government, and the Director of Plannning.
The lawyer is praying that the court directs the chief land registrar to cancel any title deed issued in respect of the land after 1995.
“Without the knowledge and consent of the tenants, Ubdi Yayeye Haji subdivided land measuring 1.125 hectares sub-divided the open space and allocated new land reference numbers,” Nzakyo states in the court pleadings.
The judge heard the Nairobi City County Government has issued allotment letters to Ubdi Yayeye Haji who has since subdivided it and constructed maisonettes - “New Juja Road Villas” - which have been advertised for sale in a local daily.
The judge heard the maisonettes were sold to Alio, Omar, Dhuhullow, Noor, Sheikh and Ahmed.
“The whole exercise of alienation of the public land was done fraudulently and should be reversed by this high court which has unfettered jurisdiction,” Justice Mbugua was urged.
The court is therefore being asked to declare as a nullity the allotment letters issued to Haji, Alio, Omar, Dhuhullow, Noor, Sheikh and Ahmed by the County Government of Nairobi.
Justice Mbugua is also urged to declare the property named Nairobi Block104/520 as an open utility parcel of land.
The court is also being asked to evict the seven defendants Haji, Alio, Omar, Dhuhullow, Noor, Sheikh and Ahmed from the villa estate and render vacant possession of the land.
Further, the court is being asked to order the chief land registrar not to issue further title deeds to the seven (Ubdi Yayeye Haji, Alio, Omar, Dhuhullow, Noor, Sheikh and Ahmed in respect of the public land.
Also, the court is being asked to revoke title deeds issued in respect of that parcel of land.
“An order be issued to the Director of Surveys to cancel and expunge all survey plans and survey records over the suit property that originated after November 7 1995 and in particular L R Number Block 104/525, 526,527,529,530,531,534 and 535,” prays the over 5,000 tenants.
The judge directed all the parties to file written submissions and evidence in support of their averments.
