December 8, 2023
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MP for Embakasi East Hon Babu Owino and Kasarani Hon Capt Ronald Karauri have stated their intention to file a stay of execution against a vacation order issued by the Environment and Land Court on 23rd October 2023 in respect of land belonging to the late Nairobi businessman Gershon Kirima. The ruling declared the late businessman the rightful owner of the land and ordered residents to vacate it by 31st Dec 2023, after which their homes would be demolished. The order affects Njiru, Chokaa, and Mihango areas that fall within the two MPs’ constituencies.

In addition to the stay of execution, the two MPs, through lawyers, are challenging the ownership of the land. Speaking during a press conference held at the Milimani Law Courts in Nairobi today, Hon Owino said: “We have come here to prove to the court that this said parcel of land does not belong to the Kirima family, but it belongs to one Domenico De Masi. The person who is in charge [of the land] as we speak is called Barnado Demasi. We have come to file an application and to get stay orders so that our constituents can be safe.”

Advocate Wandaru representing Domenico De Masi said the evidence showed that the disputed land was obtained fraudulently. “It is very clear that the land [title] by the Kirima family was obtained fraudulently. How did they come to own the land when it is owned by Domenico De Masi and the ownership has since devolved to his descendant represented by Barnado? Those are the facts that we have presented in court and we believe we will get justice They [the owners] have an arrangement with the constituents of Hon Owino and Hon Karauri, that [states that] even as they get back their land, they will have a way of making
sure the residents get their titles.”

Hon Karauri added: “If they [the residents] are going to negotiate, they must negotiate with the rightful owners of the land. The people of Kasarani and Embakasi East need to feel protected by the same government so they pay taxes too. As members of Parliament, as their representatives, the only reason we are here is to ensure that they get a fair hearing.”

Administrators of the estate of the late businessman have been in protracted litigation with the residents, seeking the removal of high-rise buildings and residential neighborhoods that were, according to the administrators, constructed there illegally.

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