The official is said to have used a fake court order to seize the property/FILE
The official is also said to have obtained a fake order from the Milimani High Court which gave him permission to take over the property and hired some youths who vandalised it.
Court papers signed by the Deputy Land and Environmental law Division deputy Registrar indicated that no such order was given.
“We wish to confirm that the copy of the order attached to your letter did not originate from this court,” it stated. “The court record shows the last action in the file was 24th January 2012 when one of the parties fixed the application dated 27th May 2011 for hearing on 20th February 2012. The cause list for 20th February 2012 shows that the matter was not listed before Mr Justice (Mohammed) Warsame as purported.”
One of the hired youths, who was arrested by the police said that they had camped at the property since Monday last week to ensure that no one gets in.
“We had camped here since Monday last week until today (Saturday). I was asleep but my colleagues who were here with me saw these people coming and they managed to flee the scene. I tried to run away but I could not manage it and I was arrested,” he said.
Speaking to journalists, the caretaker pointed out that he had been taken by surprise by the whole turn of events.
“It was on Saturday that we were attacked by some unknown people. They told us to get out of the compound since it was not ours. He had brought his own guards and told us that if we had any questions we should ask him. There leader told me that they had been sent and that I had no say in what was happening there and that I had to vacate immediately,” he said.
The original court order restrained anyone from entering or interfering with the property pending the determination of another case which was in court.
“Pending the hearing and determination of this suit, a temporary order is hereby granted restraining the defendants either by themselves, their agents and or servants from trespassing, entering and or demolishing the house in LR.NO.11392/2 Spring Valley or in any other manner interfering with the premises on LR.NO.11392/2 Spring Valley Nairobi,” it stated.
It went on to state that action would be taken against anyone found disobeying the order.
“You are hereby notified that if you do not comply with the said court order, a copy of which is served on you together with this penal notice or if you disobey the same or commit any breach thereof, you shall be in contempt of the court order and contempt proceedings may be instituted against you and you shall be liable to be detained in prison for up to six months or any other penalty, punishment, or process of execution that the court may deem fit to mete for disobedience of the order.”
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