“The order made on January 14,2019 and issued on April 4,2019 are herewith vacated and set aside entirely,” Senior Milimani Commercial Resident Magistrate Ayuma M’mmasi ordered/FILE
NAIROBI, Kenya, Aug 16 – Orbit Chemical Limited has suffered a major blow after a Nairobi court set aside an eviction order against 10,000 families residing in Embakasi South’s Makuru slams.
Senior Milimani Commercial Resident Magistrate Ayuma M’mmasi lifted the eviction order after Nairobi Governor Mike Sonko moved to court seeking to block the eviction of the residents.
“The order made on January 14,2019 and issued on April 4,2019 are herewith vacated and set aside entirely,” ordered the Magistrate.
The Governor filed a certificate of urgency through lawyer Harrison Kinyanjui seeking to stay the order issued exparte against the residents pending hearing and determination of the case.
Orbit Chemical had obtained an order to evict the residents from the disputed land in January.
The order had directed the Officer Commanding Station (OSC)Embakasi police station to supervise eviction and enforcement of the orders of miscellaneous application Number 784 of 1996 and case Number 876 of 2004.
Governor Sonko stopped the eviction of 10,000 families residing in the property after he received a call from the area Member of Parliament Julius Mawathe.
The Governor said the county government stands to suffer a spill-over effect of the unlawful displacement of over 10,000 families by dint of obligation so set in section 152 of the Land Act (2012) and hence the necessity to comply with the law.
“That neither the Orbit Chemicals limited is the registered owner of the suit property and therefore the suit constitutes a gross abuse of the court process,” said the Governor.
He added that no certificate of title if whatever the character provided in proof by the said Orbit Chemicals, neither official search certificate proof of owner would spell out the system of eviction adopted under section 152.
Sonko further told the court that the execution was carried by a party not entitled to such orders.
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