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Eastleigh land raided after court fight by city trader, Kiambu investors

Some suspects were arrested and the motorbikes they were using seized.

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by CYNDY ALUOCH

News24 July 2023 - 08:51
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In Summary


  • Suspected goons on Sunday night attempted to evict tenants, destroyed property and robbed valuables.
  • The matter was processed at California Police Post where statements were taken from the victims robbed and inventory of the items stolen.
Raided disputed property in Eastliegh on July 23, 2023

Over 40 goons raided a disputed property in Eastleigh despite a court order that had prohibited interference with the buildings and structures.

The suspected goons on Sunday night attempted to evict tenants, destroyed property and robbed valuables.

The matter was processed at California Police Post where statements were taken from the victims robbed and inventory of the items stolen.

Some suspects were arrested and the motorbikes they were using seized.

A Nairobi-based businessman is embroiled in a row with Kiambu-based investors over the ownership of the over property.

The land is believed to be worth hundreds of millions of shillings.

The investors have gone to court, challenging the acquisition of the parcel of land by businessman Adiweli Duntow.

As per the court documents, the original registered owners of the land are all deceased. They are listed as: Esther Kuhuithia, Gakuya Waweru and Peninah Mwangi. 

The deceased are, however, being represented by administrators of their estates, namely James Wachira, David Gakuya and David Mwangi, who are now in court, trying to wrestle the ownership of the property from Duntow.

In a joint suit filed before the Milimani Environment and Land Court by the administrators of the estates, Duntow has been sued as the first respondent.

The Nairobi county government and the Chief Lands Registrar have been listed as second and third respondents respectively.

They have told the court that the tenants occupying the building on the disputed piece of land informed them of an eviction.

The defendant or his agents had come to the premises and informed them to vacate as he had purchased the property and he wanted them to move out so he could demolish the building, the tenants said.

Environment and Lands Court presiding judge Justice Oscar has since issued orders barring Duntow, the Nairobi county government and the Chief Lands Registrar from jointly and severally, by themselves, their agents and/or employees from entering the applicants’ parcel of land.

They were also prohibited from interfering with the said suit property or the buildings and structures therein and or their tenants pending the hearing and determination of the case.

“It is hereby ordered: (1). That the application be heard on July 25, 2023, (2). That the prayer number two be granted until July 25, 2023.” An order by Justice Angote dated July 13, 2023 reads in part.

The complainants, according to the court papers, are challenging the conversion of title number LR No. 36/VII/344 Eastleigh to Nairobi Block 50/627.

“The registered owner of the LR No. 36/VII/344 (now converted to title number: Nairobi Block 50/627) was Mwangi Gicho, Gakuya Waweru and Nungari Kuhuithia, who are all deceased,” documents filed in court by the applicants’ lawyer, Maina Muiruri & Co Advocates, state.

“They were later succeeded by their spouses for the 1st and 2nd owners and later, after their spouses’ deaths, the plaintiff succeeded them as administrators of their said respective estates of the registered owner.” 

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