Another association of 500 residents of Njiru area have moved to court seeking to stop their eviction from the now declared Kirima land.
This comes 13 days after the court ruled that the over 1000 acre piece of land belongs to the late Member of Parliament Gerishon Kirima.
The Runway View Residents Association through their chairperson George Olola want the High Court to stay the execution of the orders issued on 23rd October 2023 by Justice Samson Okong’o arguing that they will be left homeless during this Christmas festive season and El-nino rains.
“If the court does not grant a stay of execution of the judgement, the applicants risk being rendered homeless in the face of the fast approaching Christmas festivities and the El_Nino rains,” said Omari.
The judge ordered the residents to vacate the said land which they claim to have resided in for over 40 years by 31st December 2023.
Through lawyer Danstan Omari, the Runway View Residents Association claims that Kirima is not the owner of the disputed piece of land.
The Italian Settler
According to the certificate of urgence filed by the association, the disputed property belongs to former Italian settler Demico de Masi who is now deceased. However, his estate is being administered by his son Bernado Vicezo de Masi.
The applicants now want to be enjoined in the fresh case with De Masi to shed light on the true ownership of the disputed property.
The court heard the pronouncement to the superior court has affected the residents with some falling sick and are currently admitted in various hospitals fighting for their lives.
The association has furnished the court with a title deed dated 1937 issued in favour of the late Domico de Masi where he is alleged to have been doing sisal and cattle farming
It is their argument that they are not illegally on the property having bought the land and issued with certificates and allotment letters by the County council.
They further claim that institutions such as schools, hospitals and places of worship that have been developed on the said land will be affected should the court fail to halt enforcement of the said orders.
These include the Njiru Level 4 hospital, St John Healthcare, 15 schools, 4 SDA churches, St Monica Catholic church among others.
This suit follows another one filed by 25,000 residents of Njiru a week ago also seeking to be declared owners of the land arguing that a government policy enacted by former Lands CS James Orengo recognised their ownership of the land during the Kibaki era.
