The C*************l on 17th January 2023 declined to issue stay orders against the High Court ruling that granted the Kirima estate family ownership of parcels of land in Embakasi East and Kasarani constituencies, paving way for the estate to continue negotiations and settlement with willing occupants for the sale and issuance of titles of the property.
The three-judge bench of Justice Mohammed Warsame, Lady Justice Jessie Lessit and Justice Gatembu Kairu ordered for the status quo to be maintained, clarifying that no stay orders had been granted to bar ongoing negotiations and transactions. Subsequently, the eviction powers that had been granted to the Kirima family estate by the High Court, and which were effective the 31st December 2023, remain effective.
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This will come as a relief for current occupants of the late Gerishon Kirima’s land who have already commenced land settlement discussions and negotiations with the estate, some of whom have already made full payments for their plots of land. Others have presented requests to have payments for their plots made within planned periods at agreed considerations owing to financial challenges.
The C*************l’s directions follow an appeal by a section of current occupants of the land in question who sought the C*************l’s stay of the e*******n of the High Court ruling that was delivered on the 23rd of October 2023 which established the Kirima family estate as the rightful owners of the property.
The ruling by Judge Samson Okong’o found that current occupants of the various parcels of land were “trespassers” giving them up to 31st December 2023, to vacate the land, failure to which eviction is enforceable.
“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 31st December 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,” read the ruling.
While providing clarity on what status quo entails, Justice Mohammed Warsame urged parties to sit and agree on the issues adding that the matter ought to be negotiated. He particularly 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 Kirima family estate earlier this month announced that it has offered current occupants an opportunity to legitimately own the various parcels on land by entering into individual sale agreements, on a willing-buyer, willing-seller basis, adding that those who did not wish to be party to the arrangement were free to leave.
Following the 17th January C*************l directions, the estate retains powers to order the eviction of the occupants, while continuing negotiations with willing buyers.
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