Win as South B residents get their market land back from Kiambu MP in Court ruling

By Antynet Ford

It is a win for Nairobi South residents after the court dismissed a case by Kiambu Member of Parliament John Waithaka Machua who grabbed their public market land.

In the ruling made today, the magistrate noted that the value of the o.73 acres of land values more than Sh200,000 which makes it impossible for the magistrate court to proceed with the hearing.

The court allowed the preliminary objection striking out the suit by Machua who had moved to court to prevent his fake title deed from being revoked.

With this, there is no order preventing the county government of Nairobi from securing the property from the private developer.

Speaking to the Media, Nairobi South Member of County Assembly Waithera Chege who has been at the forefront of ensuring the land is got back for the development of a market for residents of her ward stated that the next move will be going to the environment and lands court to seek orders preventing Machua from dealing with the property and title in any way.

She added that they will be seeking cancelation of the title deed the MP has as it had not been canceled after he moved to court.

“The lawyers have written a letter to the county attorney informing her of the ruling of the court today. We will be moving to the environment and lands court seeking cancellation of his fake title deed because it was not canceled as recommended by the county assembly after Machua went to court.” Waithera stated.

“The property should now be handed to the residents of my ward and am requesting governor Sakaja to move with speed and build a market for the Nairobi South residents and move them from the road reserves.” She added.

Waithera expressed her joy adding that the ruling must be adhered to as the court order Macha was using has been revoked.

She maintained that CEC Rosemary Kariuki and her husband should apologize to residents of her ward maintaining that the CEC should resign because the documents used as evidence showed the account of the CEC was the one receiving money.

“The chapter on integrity in the 2010 constitution should be adhered to by Rosemary resigning.” The legislature said.

As previously reported, calls have been mounting for the resignation of Nairobi governor Johnson Sakaja’s County Executive Committee Member (CECM) for Talents, Skills Development and Care Rosemary Kariuki over her husband’s involvement in a protracted land dispute in South B, Nairobi, which official records at City Hall show it belongs to the public and was earmarked for public Makuti market.

Aggrieved residents who spoke to the media on condition of anonymity over fears of possible reprisals accused Sakaja of inaction saying his silence manifests sinister intention in an alleged land-grabbing scam in which a spouse to his county minister is involved.

 

Last year Sakaja instructed the Ministry of Lands to put a caveat on that land.

A caveat by law is a notice issued to probate that certain actions may not be taken without informing the person who gave the notice.

The issue has been on the radar of the Directorate of Criminal Investigations (DCI) who last year wrote to the county probing fraudulent transfer of the land.

DCI officers drawn from the Land Fraud Unit have been investigating to establish how the public land was transferred to Machua.

A letter from the Nairobi county government seen by us confirms the land belongs to the public.

The County Assembly Planning Committee approved the cancellation of the title deed bearing Machua’s name.

In October 2023, the Nairobi City County Assembly Committee on Planning tabled a report to ensure Nairobi South residents have their Makuti market land approving the cancellation of the title deed of a private developer who had grabbed the land.

Documents presented to the committee by the Urban Planning and Built Environment CEC were proven to be fake.

It was also discovered that the documents indicated they were signed by a sitting mayor in 2014, even though there was no mayor in office at that time.

It was established that the documents which the CEC had come with were fake as they indicated they were signed by a sitting mayor in 2014 whereas in 2014 there was no Mayor as Nairobi had a Governor.

Read also:- https://corporatewatch.co.ke/nairobi-governor-called-to-stop-the-grabbing-of-makuti-market-land/

The documents indicated that the land was acquired illegally and the title needed to read Nairobi City County.