NAIROBI, Kenya, Jun 5 – A businessman has contested a move by the Nairobi County Government to claim ownership of his property located in Buruburu area.
Through his lawyer Nyaboga Mariaria, Patrick Macharia Nderitu told the court that the property was purchased legally and a consent entered.
He argued that the County Government cannot purport to own the parcel of land which is not public land.
He further contended that the court lacks jurisdiction to set aside the consent as stated by the County Government.
“The county ought to demonstrate to the court the interest it has over the suit property.”
Governor Mike Sonko had petitioned the commercial court and sought to set a side orders obtained by Nderitu.
Through lawyer Harrison Kinyanjui, the governor filed an urgent application following demolitions at Glad Tidings Crusade Ministry and other houses at the site.
He also sought to have the suit filed by Nderitu struck out and dismissed.
The parties appeared before Senior Resident Magistrate Edith Wanjala, who declined to set the orders sought by Sonko aside but instead certified the matter as urgent.
She also enjoined the County Government and a Trustee called Joan Ocholla as an interested party.
Earlier, a scuffle was witnessed when a group of goons armed with machetes and other crude weapons arrived at the church, where school children were learning, and started to demolish the building.
The goons reportedly claimed to have instruction to execute a court order.
Later the governor arrived at the scene and stones were hurled at him and his convoy, forcing security officers to fire in the air to disperse the rowdy group.
Document filed by Sonko say that there was no consent or rates clearance certificate sought or obtained from the County Government over the purported “transfer” of the property to Landmark International Proprietors Limited.
The County Government says that following the weekends demolitions they checked their record and found that the rate payer and registered property belongs to the church and not Landmark International Properties Limited.
“From our land records the suit property is in fact in the name of the church Glad Tidings Crusade Ministry,” reads the court documents.
The plaintiff’s suit was filed in 2019 , way after the said ELC 1220 of 2016 and the same was clearly a conspiracy between the applicant and Glad Tidings Crusade, Christine Opiko, Fred Agwa, Edward Otieno all who are trustees of Glad Tiding Crusade) who were all long aware of the suit HC ELC No. 1220 of 2016
About The Author
