Woodley Residents have suffered a huge blow after the High Court struck out a petition filed against the Nairobi County Government and other parties, citing a lack of merit and duplication of issues previously settled.
The decision marks the end of a protracted legal battle over disputed property in the area.
Justice Mboya Ongutu in his ruling determined that the issues raised in the petition had already been addressed in prior legal proceedings, including the Court of Appeal’s ruling in Civil Appeal No. E375 of 2020.
“Flowing from the discourse [details highlighted in the body of the ruling], it must have become apparent that the Petition filed by the Petitioners herein relates to issue which have variously been canvassed and determined in previous proceedings,” he ruled.
Court Dismisses Woodley Residents’ Petition with Costs
Additionally, Justice Ongutu found that the petitioners failed to demonstrate a sufficient connection or legal interest (locus standi) to pursue the case, thereby undermining the validity of their claims.
“Other than the foregoing, it is also worth recalling that the court came to the conclusion that the Applicants did not demonstrate and/or established any nexus to the suit property. In short, the Applicants did not prove that same are seized of the requisite locus standi,” read the court documents.
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The court also struck out the petition and its associated applications in their entirety, emphasizing the need for fresh, substantive claims in legal petitions.
“The Notice of Motion Application dated 15th November 2024 be and is hereby dismissed. The Petition dated 15th November 2024 be and is hereby struck out,” read the ruling in part.
“The orders of status quo which were granted on 21st November 2024 and thereafter extended on 22nd November 2024; be and are hereby discharged.”
The Judge was told by senior counsel Dr Adrian Kamotho that the petitioners before the Court have not exhibited evidence to demonstrate that they are the residents of Woodley Estate.
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Woodley Residents to Pay
Furthermore, the costs of the Petition and the various Applications are awarded to Nairobi County and the Attorney General, as the Respondents in the case, as well as to Africa Reit Limited, the Interested Party.
The costs shall be either mutually agreed upon by the parties or, in the event of disagreement, subjected to taxation in the conventional manner.
The Woodley residents had contended that the impugned eviction was undertaken without the requisite public participation and thus same [eviction] is contrary to and in contravention of the human rights and the fundamental freedoms enshrined in the bill of rights.
Nairobi County had already compensated the 43 tenants of the 10-acre piece of land, awarding each Ksh 900,000 to pave the way for the construction of 1,975 apartment units.
Additionally, Governor Sakaja issued letters of allotment, guaranteeing the tenants ownership of houses once the project is complete. The project is expected to commence immediately.
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