The High Court on Wednesday provided temporary relief to thousands of Njiru residents who occupy the over 1,000 acres of land belonging to the estate of late politician Gerishon Kirima.
The court issued orders stopping their impending eviction.
Justice Anne Omollo of the Environment and Land Court in Nairobi directed that residents occupying the property should not be evicted until January 29 when the court will issue further orders.
The directive came after Joseph Omito and another 680 residents moved to court seeking injunction orders against their impending eviction.
Justice Samson Okong'o had last month delivered a judgment in which the disputed property was declared to belong to the estate of Kirima.
The judge said the administrators of the estate were at liberty to evict those occupying the parcel by December 31, 2023.
That judgment left thousands of occupants at the mercy of the Kirimas, with the family of the former Nairobi politician already pushing to have the occupants pay for the parcels they own or be evicted.
Omito and his colleagues moved to court through lawyer Seth Ojienda seeking orders stopping the evictions even as they negotiate with the Kirimas.
They argued that the negotiations were dragging and that they were at risk of being forced out of the land if the talks to regularise their occupation collapsed.
Justice Omollo on Wednesday said their application will be heard by way of written submissions on January 29 and issued orders staying the status quo until then.
"In the interim, orders are hereby issued barring the administrators of the property or their agents from evicting or in any manner interfering with occupation of the petitioners until January 29 when further orders will be given," Justice Omollo said.
The court said the parties are free to engage in out of court negotiations before the next mention date.
That ruling comes as a big relief, albeit temporary, to the residents who say they have invested all their worth on the land.
Lawyers representing the Kirimas confirmed to the court that the two parties were engaging and that they would move the court on any agreement reached.
The development comes even after a new suit was Tuesday filed challenging the ownership of the land.
Lawyer Joseph Gwandaru acting for Bernado Vicenzo De Masi, who is the administrator of the estate of Dominico De Masi, says in his affidavit that the said land belongs to Dominico and not Kirima.
De Masi claims he was not aware of the court case that had been going on before Justice Okong'o, and that he has crucial evidence and information to support his ownership claim.
He wants his case heard urgently, arguing that they would suffer irreparable harm if Justice Okong'o's judgment is executed without their case being heard.
"That it is in the interest of justice and fairness that the honourable court order for a review of its judgement dated October 23, 2023, to accord itself an opportunity to be presented with facts and evidence in my possession to enable itself to reach a fair and just determination," the affidavit states.
Some residents occupying the land have registered their confusion and asked the court to suspend Okong'o's judgment until De Masi's case is heard and determined.
Njiru Residents Association chairman George Olola last week told reporters at the Milimani law courts that most residents are now confused as to who is the legitimate owner of the land.
"We have asked local administrators who say the land belongs to Dominico De Masi yet there is a judgement that says the land belongs to the Kirima family. This is why we want the eviction orders stayed for this ownership dispute to be settled," Olola said.
They want the court to issue temporary stay orders pending a hearing and determination of the case.
“This court be pleased to order for a stay of execution of the judgment issued on October 23, 2023, pending hearing and determination of this application."