- The court heard that more than 10,000 residents, who have resided in the area for the last 30 years, will be affected by the government's plan and their right to own property will be violated.
- They said the estate was established in 1997 by the late President Daniel Arap Moi.
- But Justice Kossy Bor said the petitioners failed to prove ownership of the land earmarked for the developments.
Residents of Nyayo Estate in Ruaraka, Nairobi have lost bid to overturn the government's decision to evict them and demolish their houses to pave way for a slum upgrading programme and sewerage treatment plant.
This is after the Environment and Lands court declined their request to bar the Police Inspector General, Cabinet Secretary for Water and Sanitation, Director-General Nairobi Metropolitan Services and Nairobi Water and Sewerage Company from proceeding with the planned evictions.
The court heard that more than 10,000 residents, who have resided in the area for the last 30 years, will be affected by the government's plan and their right to own property will be violated. They said the estate was established in 1997 by the late President Daniel Arap Moi.
But Justice Kossy Bor said the petitioners failed to prove ownership of the land earmarked for the developments. The court found the petitioners did not produce evidence to show the location of the land they claim comprises Nyayo Estate.
Justice Bor said the land the petitioners lay claim to forms part of another parcel (L.R. No. 8285/161) which the Attorney-General and the Nairobi Metropolitan Services (NMS) told the court was earmarked for the development of the Kariobangi sewerage treatment plant.
"The Respondents (AG, NMS and the Ministry of Water) produced a copy of the grant issued to the City Council of Nairobi for 99 years with effect from July 1, 1958. On the basis of that grant, the court is satisfied that the suit land is owned by the City Council of Nairobi," said justice Bor.
He declared that according to Article 62 of the Constitution the suit land constitutes public land and is vested in the Nairobi City County in trust for the residents of Nairobi County.
The judge also found that none of the persons who signed the consent allowing one of the peitioners, John Okello, to swear the supporting affidavit on their behalf appear on the list of those who stand to benefit from the government's slum upgrading project. The list is dubbed Nyayo Village final beneficiary list.
He stated that evidence showed that the government had commenced survey of the land as part of the slum upgrading programme.