Over 30 individuals belonging to the Chokaa Upper Chamber Development Welfare Group have initiated legal proceedings to safeguard themselves against potential eviction from their residences in the Njiru area of Nairobi, which is claimed by the family of the late Gerishon Kirima, a former Starehe MP. Expressing concerns about possible demolition of their homes by the Kirima family or their representatives, the group, along with their families, has sought intervention from the court to protect their interests.

Represented by their legal counsel, Cecil Miller, the group has petitioned the court to allow them to purchase the plots they currently occupy through installment payments, contingent upon a survey to determine the exact boundaries of the Kirima family’s land. Emphasizing their fears of facing forced eviction and substantial financial losses, Mr. Miller presented the group’s case to the court, highlighting the urgency of their situation.

In response to the group’s plea, Judge Judy Omange has directed the case to be referred to the presiding judge of the Land Division for further consideration, citing the existence of similar unresolved issues pending before the court. The case is scheduled for procedural directions on March 5, where the next course of action will be determined.

The legal dispute over the land traces back to a previous ruling by Justice Samson Okong’o, affirming the Kirima family’s ownership of the contested property and setting a deadline of December 31, 2023, for the occupants to vacate or face eviction. However, the homeowners secured a temporary injunction from the court, halting their eviction while negotiations with the Kirima family were underway.

Records presented during the legal proceedings indicate that the late MP’s family possessed two parcels of land, known as L.R. No. 5908/8 and L.R. No. 6852/2, registered under the name of Gerishon Kamau Kirima. Despite this ownership, squatters claimed possession through allotment letters from the defunct Nairobi City Council or by invoking adverse possession laws.

In their current petition, the welfare group asserts their readiness to pay for the land once its ownership by the Kirima estate is confirmed. They maintain that they acquired the land from various entities and possess certificates to substantiate their claims, alleging interference in the transaction process by unidentified individuals seeking personal gain.

Furthermore, the group acknowledges the court’s ruling in favor of the Kirima family and expresses their willingness to pay the purchase price following valuation by government-appointed assessors. Highlighting their limited financial means, the group underscores their commitment to fulfilling their obligations once the land’s status is definitively established.

The welfare group contends that the sellers who facilitated their land acquisitions misrepresented themselves as rightful owners and failed to disclose the ongoing legal dispute. They emphasize the need for a thorough survey to ascertain the boundaries of the Kirima estate’s properties, paving the way for fair valuation and subsequent transactions in compliance with legal requirements.

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