A private developer is pursuing a court-issued order to remove at least 80 families from Nyama Villa Estate, Kayole, amidst a lingering land ownership dispute.
On Sunday, an official from Muthithi Investments, the developer, clarified that the planned demolitions would specifically target these 80 homeowners.
The company had previously taken legal action against 12 individuals occupying the land and is now moving forward with demolition plans while the case unfolds in Makadara Law Courts.
These houses form part of the structures on L.R. no. 23917, which legally belongs to Muthithi Investments. However, grabbers had taken over the land without purchasing it as initially offered.
Muthithi Investments filed a lawsuit against the grabbers who encroached upon their 20-acre property at the High Court’s Environment and Land Court (ELC) in ELC civil suit number 498 of 2004. Their legal victory came in a ruling dated May 13, 2014.
Although the occupants who claimed the land appealed the judgment and lost in 2015, Muthithi Investments secured court orders on September 17, 2018, to evict the encroachers.
In December 2018, Muthithi initiated evictions and demolitions, rendering more than 3,000 people homeless. However, following intervention by former President Uhuru Kenyatta, the landlord suspended further demolitions during the holiday season.
Some of the residents formed a company, Spine Road Gardens Limited, which entered into a sale agreement with Muthithi Investments. Under this agreement, occupants could purchase the land they had built on.
The company subsequently subdivided the land into 304 plots, obtained title deeds for these parcels, and offered those who had constructed homes the option to purchase their occupied plots at an agreed price.
Currently, 103 occupants have paid for the land and have received title deeds, while 120 others are still in the process of payment. However, the targeted 80 individuals have not adhered to the terms of the sale agreement.
Muthithi Investments’ official, Eliud Gitonga, confirmed that they are in the process of securing new orders for selective demolitions, focusing only on the 80 individuals who have not complied with the sale agreement.
Gitonga further explained that the cost of the land parcels would increase to the market value estimated to be Sh7 million for those who have not initiated payments.
The Directorate of Criminal Investigations (DCI) conducted inquiries and investigations involving the Ministry of Lands and several agencies. These efforts confirmed that the land rightfully belongs to Muthithi Investments Limited.
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