A Nairobi County Government employee has told court that he served the enforcement letter for demolition of a perimeter wall on a disputed Sh 944 million land in Donholm a year before its demolition.
John Gumbi Osike, a Nairobi County Government enforcement and planning officer testified before Principal Magistrate Gilbert Shikwe that it took a whole year for the perimeter fence to be demolished due to lack of funds.
Osike testified that the county issued an enforcement notice on 7th March 2017 to a developer on a parcel of land LR No.82/7333 in Donholm phase 8 for constructing a perimeter fence without consulting the County Government.
This, the court heard, was after the county received a complaint over the erection of the said fence.
When questioned why the County took a whole one year to carry out the demolition, Osike said the county was mobilizing resources since they were unavailable.
Osike further testified that the notice was served to individuals residing in a container on the disputed parcel of land and not the owner.
The witness could also not confirm whether the said letter contained the name of the owner of the land.
In addition, he could not tell the court the names of the people he served the notice to.
In the case, 10 people alleged to be members of Sowesava Self-help group and are charged with malicious damage of the property of allegedly owned by Gidjoy Investment Limited.
The accused persons include Benita Alando Nailanel, Peter Keya Owino, David Mutuku Makau, Kennedy Odhiambo Alex, Titus Ochieng Okoth, Boniface Oduor Anyiego, Calvince Ochieng Ooko, Patrobas Awino, Nick Omondi Owango and Philemon Otieno.
The court heard that on 24th March 2018 at around 0100 hours at Donholm phase 8 in Embakasi East Sub-County within Nairobi County, the accused persons, jointly with others not before court, willfully and unlawfully damaged Gidjoy Investment perimeter wall fence valued at Sh 144,000.
They all denied the charges and were each released on a cash bail Sh 20,000.
The hearing will proceed on 15th November 2024.
