Residents of Mihang’o, Njiru and Chokaa have filed an urgent application before the High Court seeking to vary the order of justice Samson Okong’o requiring them to vacate the over 1000 acres of land located in Embakasi.
The aggrieved residents through their chairperson John Orora and and 299 others wants the court to issue a stay order of execution of the judgement of Justice Okong’o issued on 23rd October 2023 in Kisumu.
They through their lawyer Danstan Omari and Martina Swiga wants the court to hear the matter on a priority basis on grounds that the residents are required to vacate the area by December 31st, 2023.
The lawyers argue that, the trial court was not given the right material and dealt with irrelevant parties for it to arrive at the decision that the residents must vacate the land. They say in court document that the Kirima family does not hold title to the suit property & the applicant have petitioned the National Land commission to produce the title and the right documents.
They have also written a letter to the Director of Criminal Investigation to investigate the documents held by the Kirima family. The lawyers further says that the Kirima family does not appear anywhere in that land history.
The applicant says they have been in the occupation of that land for 40-50 years. The lawyers further said that there is pending succession matter on the Kirima family that is coming up in court on 11th November,2023, saying that there is no rightful owner of the disputed parcel of land from the Kirimq family.
The residents have sued Teresita Kirima, Anne Kirima, and 1310 others. The property in dispute believed to be owned by Italian National Domenico De Masi(deceased)
