Counties

Residents sue developer for demolition of health centre

case

Summary

  • According to a case filed at the Environment and Lands Court by the Parklands Community Group through chairman Ali Ngoroi, the plots in dispute are public land set aside by the government for the hospital known as Highridge Health Centre.
  • But the registration of the land and the reference numbers were changed in 1996 and transferred to Golden Crest Ltd which had allegedly been allocated one of the plots by the then Minister of Local Authorities.

Residents of Parklands, Nairobi are embroiled in a court dispute with a private developer following demolition of a public health facility to pave way for construction of private commercial apartments.

According to a case filed at the Environment and Lands Court by the Parklands Community Group through chairman Ali Ngoroi, the plots in dispute are public land set aside by the government for the hospital known as Highridge Health Centre.

But the registration of the land and the reference numbers were changed in 1996 and transferred to Golden Crest Ltd which had allegedly been allocated one of the plots by the then Minister of Local Authorities.

The court papers indicate that the company later sold the land to Harun Investment Ltd, which is the current registered proprietor and a new title was issued.

Mr Ngoroi terms the changes as fraudulent and illegal because the property is a leasehold held by the Nairobi City government in trust for the public and specifically the community living in nearby slums such as Deep Sea, Masai, Kwa Njoroge, City Park Forest, Mji wa Huruma, Githogoro, Muringa and Gachie slums.

The slums have a combined population of more than 100,000 who are economically under-privileged, he states.

"There have been no minutes by the Nairobi county government nor its predecessor Nairobi city council to surrender the suit property to any private individual and therefore the process of transfer to Defendants is not only fraudulent, but also illegal," says Mr Ngoroi.

The group has named Garun Investment Ltd, Alif Homes Ltd Parklands, County government of Nairobi, Chief land registrar and the Attorney-General as the defendants in the case.

Also in the list of the defendants is Dayah construction company, Elmi Afrah Properties Ltd and Ahmed Hassan Ismail.

The group wants court to issue a permanent injunction against the private developments and restoration of the land to the public.

In February last year the court ordered for status quo on the land pending hearing of the dispute.