Lang’ata home owners win first round in land row

A judge has declined a request to dismiss a case filed by a section of Lang’ata homeowners challenging the State’s decision to seize their plots over claims of occupying land reserved a prison.

While sitting at the Environment and Lands Court in Nairobi, Justice Bernard Eboso also temporary stopped the government from repossessing the land pending the hearing and determination of the petition.

The order is for preservation of the land titles, developments and occupancy relating to all the properties seated on the disputed plots. During pendency of the order, there will be no disposition or charging of any of the titles.

Justice Eboso issued the orders after declining a request by the National Land Commission (NLC) to dismiss the case lodged by KMA Lang’ata Residents Welfare Association.

NLC had argued that the petition was prematurely brought before court, considering that the dispute related to unlawful occupation of public land without any right or licence.

NLC had also said that the Environment and Lands Court did not have authority to handle the petition.

However, justice Eboso ruled that the dispute is on validity of the titles issued to the petitioners by the Department of Lands.

In June the Ministry of Forestry and Environment announced its intention to repossess the land on grounds that the titles held by the residents relate to ungazetted forest land.

The announcement forced the more than 112 petitioners, under the auspices of KMA Lang’ata Residents Welfare Association, to seek court’s intervention to stop the demolition of the houses.

Attorney-General Kihara Kariuki, Cabinet Secretary Keriako Tobiko for Ministry of Forestry and Environment as well as the Ministry’s Principal Secretary had opposed granting of the temporary orders.

Through Mr Evans Kegode, the three told the court that the parcels of land were part of a gazetted forest which was reserved for Lang’ata Women Prison.

The court heard that the suit properties were irregularly allocated to various allottees who in turn sold them to third parties, a number of whom had since constructed and built on the lands.

This had given rise to a number of residential estates including Sun Valley Estate Phase I, Sun Valley Phase II, Sun Valley Phase III, Lang’ata Place, Lang’ata View Apartments, Royal Park, Forest View, Shalom estate and St Mary’s Apartment.

According to Mr Kegode, those involved in the illegal allocations included the Commissioner of Lands, the Chief Conservator of Forests, the Commissioners of Prisons and the Director of Physical Planning in the Ministry of Lands and Physical Planning.

Dr Nicholas Muraguri, Ministry of Lands and Physical Planning Principal Secretary, was also opposed to the petition and told court that the allocation was void and subsequent allotment was similarly void.

The PS said a Development Plan was prepared and approved by the Directorate of Physical Planning following the authority of the Commissioner of Lands.