The Kirima Family Estate says it will continue with the ongoing negotiations and settlement with willing occupants for the sale and issuance of titles of their land in Embakasi East and Kasarani constituencies.
It followed a Court of Appeal decision Wednesday to decline to stay a High Court ruling that the Kirima family are the rightful owners of the parcels of land.
"Following today’s Court of Appeal directions, the estate retains powers to order the eviction of the occupants, whilst continuing negotiations with willing buyers," the family said.
The Court of Appeal’s directions followed an appeal by a section of current occupants of the land who sought an order to stay the high court's October 23, 2023 ruling.
Justice Samson Okong'o found that current occupants of the various parcels of land were “trespassers” and gave them up to December 31, 2023, to vacate the land, failure to which the Kirima family should enforce eviction.
“To save them from forceful eviction from the property, I hereby give those of them who are in actual occupation of L.R No. 6825/2 up to and including 3 December 31, 2023 to vacate and handover possession of the property to the estate of G.K. Kirima in default of which the estate shall be at liberty to evict them from the property,” the judge ruled.
A three-judge bench of the Court of Appeal comprising Justice Mohammed Warsame, Lady Justice Jessie Lessit and Justice Gatembu Kairu ordered for the status quo to be maintained.
They declined to issue orders barring the ongoing negotiations and transactions.
Following the October 23, 2023 ruling, the Kirima family offered current occupants an opportunity to legitimately own the parcels of land by entering into individual sale agreements on a willing-buyer willing-seller basis.
The Estate said it would not engage agents and brokers in the negotiations "who in the first instance sold the land illegally".
The family said some occupants have already made full payments for their plots of land while others have presented requests to have payments made within agreed periods owing to financial challenges.
"While providing clarity on what status quo entails, Justice Mohammed Warsame urged the applicants – who are current occupants of the land in question - to engage with counsels for the Estate and refrain from taking a hard stance," the Estate said.