Court Saves Lang'ata Residents From Government
By Estate Cloud - over 2 years ago - Kenya
A section of Lang’ata residents have obtained a lifeline from the Environmental and Lands Court in Nairobi after the court issued a temporary injunction stopping the government from repossessing their properties pending a hearing of the matter.
Justice Bernard Eboso also rejected a request by the National Land Commission (NLC) to dismiss a petition filed by the KMA Lang’ata Residents Welfare Association challenging the government’s plot to repossess their plots.
The Ministry of Forestry and Environment in June announced its intention to repossess the land which it claimed was illegally occupied, being ungazetted forest land. The move had targeted the demolition of about 800 homes.
In response, 112 members of the KMA Lang’ata Residents Welfare Association sought the intervention of the courts to stop the demolition of their homes.
NLC had argued before the court that the matter was brought to the court prematurely and that the Environment and Lands Court did not have authority to handle the petition.
However, Justice Eboso issued an order for preservation of the land titles, developments and occupancy relating to all the properties seated on the disputed plots.
According to the order, there will be no disposition or charging of any of the titles during the period covered by the court order.