Businessman Madatali Chatur case to challenge plans by Nairobi County government to repossess a parcel of land in Gigiri has been dismissed.
Justice Samson Okong’o dismissed the businessman’s case saying he was not satisfied that the tycoon had established a case against the county government and Governor Mike Sonko.
“In the circumstances, it is my finding that there is no decision oral or otherwise made by the respondents that can be subjected to judicial review. What has been demonstrated by the applicant is an act of trespass that should have been litigated in a civil suit filed for that purpose,” the judge said.
According to justice Okong’o the land was mentioned in the Ndung’u Land Report as one of the public land that was irregularly allocated to private entities and which the report called for revocation of the title deed.
The court heard that the land was originally set aside for Gigiri fire station and investigations revealed several irregularities from the time the property was allocated up to the time Chatur purchased it.
The businessman said when he acquired it, the city council had erected three kiosks, which were rented while an empty space was being used as a car bazaar to park fire trucks.
The county government also said it had allowed Bomas Motor Mart to carry out a car bazaar business on a renewable period of one year and that there was a prohibition against the construction of permanent structures.
Justice Okong’o said that Chatur was aware that there was a dispute over the ownership of the property and should have therefore, challenged the county government’s attempted repossession of the land.
The businessman went to court in 2018 seeking to block Nairobi county government from repossessing the land, arguing that it was a private land.
By Joy Kyalo
