NAIROBI, Kenya, Nov 26 – The residents of Woodley Estate have suffered a setback after the High Court declined to issue a conservatory order stopping Nairobi county government from demolishing their houses.
Justice Mboya Ongutu said in his ruling that the order sought by the petitioners has been overtaken by events as some houses have been brought down by the county government.
The Judge was told by senior counsel Dr Adrian Kamotho that the petitioners before the Court have not exhibited evidence to demonstrate that they are the residents of Woodley Estate.
Dr Kamotho did submit that one of the petitioners Pinto Okari has described himself as an advocate of the High court without providing prove, saying a cross check at the Law Society of Kenya is name does not appear among the lawyers known by the LSK.
He said that the court could be issuing an order to fictious litigants.
The Court was told that the county government has always engaged with known tenants in view of arriving at an amicable solution.
The Lawyer pointed out that the two petitioners claim to represent 41others whose identity is known nor have they exhibited evidence to prove their status.
The Court directed that the application and the petition as filed by Dr John khaminwa be listed for hearing, and the court will endeavour to deliver the judgement after hearing all the parties.
