Businessman Wangaruro Mbugua Wanganga and his agents have been stopped by the Business Premises Tribunal from evicting or interfering with late Gladwell Muthoni Njoroge property in Madiwa, Eastleigh.
The application was filed before the said tribunal through Gladwell’s daughter and Governor Mike Sonko’s administration seeking to stop illegal demolition and eviction that was being conducted last Sunday.
The tribunal also set aside orders issued against Njoroge on 15th May 2019 which resulted to the demolition.
Nairobi County Government through Martin Mbichire applied to be enjoined since no demolition notice was issued to the county and no demolition permit was issued by the county to authorize the demolition on Sunday morning.
The applicants aver that they are aggrieved by the said orders which have resulted in demolition of property and eviction of lawful land owners who were neither served with application nor had knowledge of the suit.
The O.C.S Shauri Moyo Police Station was ordered to ensure compliance with orders.
The tribunal had allowed Mbugua through an appointed auctioneer to break in and access the premises with the supervision of the OCS Shauri Moyo Police Station and gain access to the premises.
Mbugua had been also been allowed to remove and sell any desirable properties to recover any rent arrears.
The court heard that attention was drawn to the County Government that demolitions of the property and eviction of residents was taking place on a Sunday without a permit and without its knowledge.
The Governor proceeded to the site and was confronted by a goons who were allegedly demolishing, evicting, raping women and young girls, and stealing from the houses demolished.
The Governor discovered the evictions and demolitions were being carried our pursuant to a court order issued by the said tribunal and that upon perusal, they discovered grave anomalies.
One anomaly being that the order emanated from business premises tribunal whereas the premises being demolished were residential and the order did not indicate the plot number where it was it was to be executed.
Another anomaly is that the order was issued to a deceased person, Gladwell Muthoni Njoroge who died 9 years ago.
And further that the orders issued do not authorize demolition or eviction of residents meaning the tribunal does not have jurisdiction to hear and issue orders.
Court documents indicate that the land number indicated as LR NO 1905-02632 does not exist in Nairobi County or the who country.