Nairobi county government has said that Flying Squad boss is not the rightful owner a disputed properties in Kariobangi Nairobi.
The County has refuted claims by FS boss Musa Yego Chelego that he was allocated the Kariobangi South/KCC Village No. C44 and Kariobangi South/KCC No. C63 by the county government itself.
Nairobi county was responding in a case where Chelego has sued them for acting with impunity by demolishing his property on the said land without a court order.
He is seeking special damages amounting to Sh 120 million.
In his replying affidavit, the county development controller Fredrick Ochanda, City Hall claims that Chelego has failed to prove ownership of the properties.
“The applicant has since failed to disclose any evidence of ownership of the suit property by way of any form of Title deed or allotment letter,” said Ochanda in their response.
The county further argued that allocation was not sanctioned by the mandatory full council resolution before the properties were allocated.
According to Ochanda, Chelego has previously been interfering with the suit properties in the previous years including on or about the 6th October 2008 which has been confirmed by the petitioner.
“The petitioner confirmed that the county government had previously served notices of enforcement on the suit properties which culminated into civil suit No. Nairobi CMCC NO. 6182 of 2018, rendering this petition incompetent.
Violation of rights
The county government has denied violating Chelego’s rights to ownership of private properties since the ones in question were public properties reserved for public utilities.
Chelego, in his court documents said he is the beneficial owner of Kariobangi south/KCC Village No. C44 and Kariobangi South/KCC No. C63 by virtue of an allotment from Nairobi County in 2002.
He said he prepared, submitted and was permitted to execute building plans on the property.
Chelego added that utilising his own resources and raising additional funds from his family, he began construction of modern multi-use complexes as per permitted plans.
He said the county government, on 17th November 2017, without any legal permission, unlawfully entered his plot by use of force and proceeded to demolish the developments that he had erected.
He said the county government acted in disobedience of a subsisting court order emanating from Milimani Chief Magistrate’s court civil suit No. 6182 of 2008 which barred the county government from interfering with the suit premises.