The court has barred the government from evicting more than 1,000 residents of Mabatini in Mathare.
This is after a private developer, Samuel Achieng’, who wanted to put up commercial developments in the area, failed to prove that the land was allocated to him under the Local Government Act.
Environment and Land Court Judge Justice Kossy Bor said that it would be absurd to kick the residents out of the place when the government has already earmarked the settlement and the slum for upgrading.
“The alienation or allocation of L.R. No. 219/110 or any part of the land on which Mathare Mabatini village stands by the second respondent (Nairobi County) to the first interested party (Ojowa) or any other party for purposes of putting up commercial developments was unlawful and violated the government policy of upgrading informal settlements,” ruled the judge.
She said residents’ rights to use and access the public toilet and water point on the dispited land would rank in priority over Achieng’s claim to the land for commercila development.
Justice Bor added that Achieng’ is noted the registered proprietor of the suit of land as he claims.
“The court doubts that the suit land, which is public land and which is an informal settlement where the Mathare Mabatini residents comprising of about 350 households have occupied for almost 40 years, would have been available for allocation at a time when initiatives were being undertaken with the knowledge and participation of the City Council of Nairobi,” she said.
In her judgement against National Land Commission, the Attorney General, Achieng’ and Nairobi County, she also ruled that the government should cancel any allocation to individuals and re-allocate the land on a communal basis to the slum dwellers.
According to Achieng’, he claimed that in 1984, the Chief had allocated him a plot where he constructed a garage and later applied for the allocation of the suit land to develop a commercial developments.
