Nairobi commercial court has set aside orders obtained by Orbit Chemical Limited to vacate over 10,000 families living in Mukuru, Embakasi.
Senior Resident Magistrate G. Mmasi set aside the eviction order which was issued early this year.
Governor Mike Mbuvi Sonko through lawyer Harisson Kinyanjui moved to court under a certificate of urgency seeking stay of the eviction order pending the hearing and determination of the application.
“The orders made on 14th January 2019 and issued on 4th April 2019 are herewith vacated and set aside entirely”, the court ruled.
The order had directed the Officer Commanding Station Embakasi police station to supervise eviction and enforcement of miscellaneous and application No. 784 of 1996 and case 876 of 2004.
The Governor intervened after he received a call from area Member of Parliament Mawathe about the situation.
He (Sonko) argued that the Orbit Chemicals is neither the registered owner of the suit property and therefore the suit constitutes a gross abuse of the court process.
He added that no certificate of title was provided as proof by the disputing company.
According to him, the county government stands to suffer spill-over effects of the unlawful displacement of over 10,000 families by dint of obligation so set in section 152h of the Land Act 2012 and hence the necessity to comply with the law.
