Directors of four companies are in a Sh 1bn land row with slum dwellers. The four companies building residential houses on three acres owned by a public health centre in the city have been given 21 days to file their defense in a contempt of court case.
High Court Judge Loise Komingoi heard that the Highridge Public Health Centre, which serves more than 100,000 Nairobians, has been grabbed. The land is valued at more than Sh1 billion. Lawyer Thomas Oriwa who appeared Mr Kassim Akida said that orders from Justice Komingoi requiring the status quo to be maintained, were violated and construction of the residential houses is in top gear.
“Despite orders of this court that status quo be maintained construction is ongoing. Urging the land is valued at more than Sh1 billion. We are urging the judge to proceed with the contempt of court case,” said Mr Oriwa in court.
Contempt
The lawyers representing the companies however, applied to be indulged for 21 days to put in their defense. A petitioner, Mr Ali Ngoroi, stated in his evidence before the court that the health centre serves more than 100,000 residents of Deep Sea, Masai, Kwa Njoroge, City Park Forest, Mji wa Salama, Githogoro, Muringa and Gachie slums.
Mr Ngoroi sued Garun Investment Ltd, Alif Homes Ltd Parklands, the County Government of Nairobi, the Chief Land Registrar, the Attorney General, Dayah Construction Company Ltd, Elmi Afrah Properties Ltd and Mr Ahmed Hassan Ismail. Mr Akida, who is seeking to have the defendants jailed for contempt, says the City County of Nairobi holds in trust all the land on which health centres are built in Nairobi.
“The defendants have, with impunity, flagrantly refused to obey the orders of this court dated February 12, 2020, with regards to any dealings, demolition, developing and or dealing with the land on which Highridge Public Health Centre stands,” said Mr Akida.
Fresh directions
In the evidence filed in court, Mr Ngoroi says Garun Investment Ltd is the current registered owner of the parcel of land on which the health centre is built.
“Garun Investment Ltd, the current registered owner of the property in dispute, alleges it bought the land from a M/S Golden Crest Ltd,” says Mr Ngoroi.
Golden Crest on their part claim it was allocated a portion of the property in dispute by then Minister for Local Government William ole Ntimama, now deceased on February 6, 1996. Mr Ngoroi states the land, which is a leasehold held by the Nairobi City County, was fraudulently converted and issued with a new title deed. Justice Komingoi will give fresh directions in the case on September 23.
