, NAIROBI, Kenya, Jul 18 – The High Court in Nairobi has dismissed an application challenging the proposed development of modern apartments in Pangani estate where City Hall demolished existing houses to pave way for the construction of new affordable housing units.
Lady Justice Kossy Bor dismissed the application on Thursday after the lawyer representing 13 aggrieved tenants failed to appear in court for an inter partes hearing.
Lawyer Harrison Kinyanjui, representing Nairobi County Government, applied to have the application dismissed after the applicants’ representative failed to show up.
The court agreed with Kinyanjui dismissing the suit filed on July 2.
In a replying affidavit, Muthoki Makau, a Social Welfare Officer for Housing Department, Urban Renewal Program, told the court applicants among them Joshua Markinnie Amaswache were fully compensated by the county government and given time relocate.
“This is a project that started way back 2015 all this tenants were aware of the project,” she said in her affidavit.
Makau said several meetings were held to create awareness as part of public participation process required by law.
She said the 13 applicants participated in the meetings discussing the project and they also received cheques to facilitate their relocation.
Nairobi City County Monday night moved to reclaim a parcel of land earmarked for the construction of modern apartments, evicting dozens of residents who said they had until July 31 to relocate.
Nairobi Governor Mike Sonko defended the eviction of tenants from houses owned by the in Pangani Estate saying all tenants in the estate had been compensated and served notice to vacate.
“The court did not issue any orders restraining us from starting this project since we had served them (tenants) with notices. We have no regrets or apologies to make. However, our offer still stands, and I hereby again repeat myself that all the old tenants shall be the first ones to occupy the new units. They are all landlords in waiting,” he said on Tuesday.