Eviction victims and residents of the Nairobi’s Woodley have suffered a major setback after the High Court dismissed a petition filed by Woodley residents and other parties against the Nairobi county government opposing the ongoing evictions that seek to pave the way for the affordable housing project.
Justice Mboya Ongutu ruled that the case lacked merit and duplicated issues already settled in previous legal proceedings.
In the case, Joseph Ngotho and Pinto Kali sued on their behalf, and on behalf of 41 others, all residents of Joseph Kang’ethe Estate Nairobi.
The Nairobi county government, the Attorney General and the National Land Commission (NLC) were listed as first, second and third respondents respectively.
Africa Reit Limited and the Law Society of Kenya were listed as first and second interested parties respectively.
The petitioners, through Lawyer John Khaminwa, moved to court to challenge the demolitions described as unlawful and contrary to the 2010 constitution.
The petitioners wanted the court to intervene in the matter and have the demolition stopped in order to “hold human dignity and respect for the Petitioners/Applicants right to adequate housing”.
In his ruling, Justice Mboya, however, stated that the issues raised in the petition had already been addressed in prior legal proceedings, including the Court of Appeal’s ruling in Civil Appeal No. E375 of 2020.
Additionally, the court found that the petitioners failed to demonstrate a sufficient connection or legal interest (locus standi) to pursue the case, thereby undermining the validity of their claims.
“Flowing from the discourse, it must have become apparent that the Petition filed by the Petitioners herein relates to issues which have variously been canvassed and determined in previous proceedings.” Justice Mboya ruled.
“Instructively, an aspect of the Petition herein touching on the import and tenor of minute 3C of 4th August 1992 was determined vide Court of Appeal Civil Appeal No. E375 of 2020. 209.” The judge noted.
“Other than the foregoing, it is also worth recalling that the court came to the conclusion that the Applicants did not demonstrate and/or establish any nexus to the suit property. In short, the Applicants did not prove that same are seized of the requisite locus standi.” Justice Mboya said.
Consequently, Justice Oguttu ordered the petition be struck out with costs.
“The Notice of Motion Application dated 15th November 2024 be and is hereby dismissed…The costs of the Petition and the various Applications be and are hereby awarded to the 1st and 2nd Respondents; and the first interested party, respectively.” The judge ruled.
The decision marks the end of a protracted legal battle over disputed property in the area.
The costs shall be either mutually agreed upon by the parties or, in the event of disagreement, subjected to taxation in the conventional manner.
The dispute had centred on a 10-acre piece of land, which Nairobi county had already compensated.
The county government provided Sh900,000 to each of the 43 tenants to facilitate the construction of 1,975 apartment units on the land.
Further, Governor Sakaja issued allotment letters to the tenants, guaranteeing them ownership of homes once the project is completed.
The construction of the project is expected to begin immediately.
