BY PRUDENCE WANZA – A Nairobi Business Premises Tribunal has temporarily stopped a trader from evicting or interfering with the late Gladwell Muthoni Njoroge’s property in Madiwa Eastleigh.
This is after Governor Mike Sonko administration and the daughter of late Gladwell Muthoni filed application before the tribunal seeking to stop illegal demolition and eviction that was being conducted before the Governor intervention last Sunday.
“An injunction is hereby issued restraining the landlord Wangaruro Mbugua Wanganga or its agents auctioneers from entering , harassing , evicting or interfering with the suit property pending hearing and determination of this application and suit”, ordered tribunal.
The tribunal also set aside orders issued against Gladwell Muthoni Njoroge on May 15,2019 allowing the businessman Mbugua to break into the property and access the premises with the supervision of OCS Shauri Moyo police station.
Mbugua had also been allowed to remove and sell any distrainable property if any to recover any rent arrears.
“The exparte orders entered against the respondent on May 15,2019 is hereby set aside,” ruled the tribunal.
The OCS Shauri Moyo Police Station was ordered to ensure compliance with orders.
Gladwell and Nairobi County Government filed application under certificate of urgency through lawyer Martin Mbichire seeking the court to stay execution of the exparte ruling and orders issued by the tribunal on May 15,2019 pending the hearing and determination of the case.
Documents filed in court show that sonko and the daughter to Gladwell also applied for an injunction to issue restraining orders against the landlord or agents auctioneers from entering,harassing , evicting or interfering with the suit property.
The two said they are aggrieved by the orders issued of May 15 which were obtained and have resulted in demolitions of property and eviction of lawful land owners who were neither served with application nor had knowledge of the suit.
The court was told that the attention was drawn to the County Government that demolitions of the property and evictions of residents was taking place on a Sunday without a permit and without its knowledge.
“The Governor of Nairobi himself proceeded to the site and was confronted by a gang of young men who were demolishing , evicting , raping women and young girls , bearing up residents and stealing from the houses demolished”, reads documents.
The governors quick intervention saved the residents where he discovered the evictions and demolitions were being carried our pursuant to a court order issued by the business premises tribunal. ” That on perusal , he discovered the following grave anomalies.
” The order emanated from business premises tribunal whereas the premises being demolished were residential premises and the order did not have the plot number where it was it was to be executed “, said the county government
They added that the order was issued to a deceased person one Gladwell Muthoni Njoroge who died 9 years ago on the June 15,2010 and the orders issued does not authorize demolition or eviction of residents meaning meaning the tribunal does not have jurisdiction to hear and issue orders.
Court documents revealed that the land number indicated as LR NO 1905-02632 does not exist in Nairobi County or in the whole country .
Nairobi County Government applied to be enjoined since no demolition notice was issued to the county and no demolition permit was issued by the county to authorize the demolition on Sunday morning.
” The interested party as the Governor of Nairobi city County , after perusing the documents of both parties has realized that the estate of Gladwell Muthoni Njoroge (respondent) has a genuine claim over the suit property dating back to 1990 that is worth being protected “, added the county government.