Over 500 Njiru residents have made an application seeking to be enjoined in the case where foreigner Bernado Vicezo De Masi has challenged courts decision to issue land to Kirima family.
In an application through city lawyer Danstan Omari, the residents through their association want to be a party to Bernado’s case.
Bernado has since claimed that he has the original title of the disputed land and wants court to revoke the orders issuing land to Kirima’s.
Yesterday, Justice Hellen Omollo issued temporary injunction stopping the demolition and eviction of residents slated for December 31 pending hearing of case filed by other residents.
In their application, the residents say the issues before this court directly affect them and through their Chairperson George Olola they want to be part of the case.
Olola says he represents numerous residents who have ordinarily been residing on the subject property for the last 40 to 50 years and consequently, the suit before court directly affects them.
Runway view Residents association as they refer themselves to say Bernard has been engaging them
with the aim of reaching a settlement and subsequently make individual transfers to the encroachers thus regulating their controversial occupancy.
“That to that effect, the area chief Njiiru approached the applicant informing them that the plaintiff to the suit who is the legal owner over the property wishes to process titles to the applicants,” Olola claims.
However, Omari argues that his clients are admitting to be encroachers having duly bought the property of residence, issued with certificates and issued allotment letters by county council.
He says that the residents would suffer irreparable harm if the court does not enjoin them as interested parties to the suit owing to their vested interest.
“Several households belonging to the applicants , schools, churches, hospitals and other public amenities have been the cornerstone of the applicants livelihood and an irreparable damage shall be occasioned on the applicants to their detriment if not enjoined to the suit,” reads court papers.
Olola says he represents the public interest owing to the masses ordinarily residing in the subject property including but not limited to learning institutions, health institutions and religious places of worship.
“The schools to be affected by the case having an impact on the best interest of the resident children being represented by the applicant include but are not limited to Bright minds School, Dahari Preparatory school, Darul Mufti Academy, loch garden school, macfina school, dafil academy, ranida academy, holster junior academy, brisbane academy, emanuel academy, Ufanish primary and secondary, Bright kid academy, Davine primary school,” he claims
Further, the religious institutions being represented by the residents include but are not limited to Region Maria churches, repentant and holiness church, SDA churches (4), st monica catholic church, PCEA church, Roho israel church, nazarene church, taqua mosque, devine church, st monica catholic church, jcc church, deliverance church, legion church, revelation fellowship church, comboni catholic church, maono prayer center, abnashir mosque among others.
According to court papers, other institutions include Hospitals where residents seek medical attention including but not limited to njiru level 4 hospital, cherish health center and st john health care are also likely to be affected.
“It is in the interest of justice that the Application be certified urgent, and for the court to grant joinder to the applicants as interested parties in the suit,” he adds.
