Court stops forceful eviction in Kirima’s widow’s property


Nairobi Commercial court has suspended execution of the judgment and decree by a man who attempted to evict tenants of the late Gerishon Kirima’s widow.

Senior Principal Magistrates Grace Mmasi issued the orders after Nurez Iqbal Dauad filed an application under a certificate of urgency seeking to set aside the judgment obtained ex-parte by Peter Munyiri Kaka Arina who purportedly claims he is the owner of the said property.

“The manner in which the judgment was obtained is a misuse of court process since there is already another case pending and ongoing in the high court being civil case No.228/2005 where preservatory orders have been issued in favour of Dauad,” says in court documents.

The court heard that Peter Munyiri apparently obtained an exparte judgement in default of appearance and defense and further obtained orders of eviction against him.

“The plaintiff/respondent (Munyiri) has already initiated the process of execution and is likely to execute the said judgement against Dauad,” the court heard.

According to Dauad, the current case is filed in court without the requisite pecuniary and formal jurisdiction in law is an illegal attempt to side track and avoid the pending case at the high court.

Nairobi Governor Mike Sonko who filed a supporting affidavit in the matter said Dauad is the registered owner and rate payer of the suit property.

The Governor said he is personally privy to all the information relating to this case and the dispute surrounding the suit property.

Sometime last week, hired goons went on the suit property seeking to effect the orders and judgement allegedly obtained ex-parte in the case and I was personally present at the suit property when they invaded it and tried to evict Dauad,” said the Governor.

Sonko further added that Dauad and the county government of Nairobi who should have been made parties to this case have a good and valid defense to the plaintiff’s claims and ought to have been given a chance to defend the same.

“It is my prayer that it would be irregular to let the present illegal judgement stand and pray to have the present application heard urgently and the orders sought granted so that the defendant and the county government of Nairobi can be given a chance to agitate their defense,” said the governor.

He added that they stand to suffer irreparably and it is therefore imperative that the application is placed before the duty court fourth with for preservation orders.

The said goons arrested when the governor stopped the eviction were charged with erecting building structures on the said property without approval of the county government.

Kennedy Otieno Ochieng and Simon Ogolla Onyango were released on a cash bail of Sh 50,000 each. The case will be heard on 4th December.