AFRICA REIT LTD
More revelations have now emerged on why a Nairobi Judge dismissed a petition filed by Woodley residents that sought to stop illegal demolitions and constructions in the area.
According to our investigations, a senior Cityhall official in coordination with an official from Senior AFRICA REIT LTD behind the controversial ruling.
” I knew we were going to win this case, it was for us to lose, I am also happy Justice MD Maina played his ball as we agreed,” a Senior AFRICA REIT LTD official was overheard saying
He added, ” We know there was no way we would have allowed the Judge to dismiss that case, you know what this project comes around with, let us now start making money and properties,” he told a friend at a city hotel.
Further sources reveal that Senior AFRICA REIT LTD is linked to multiple illegal constructions of structures with no property in the city, thanks to its close partnership with the city Governor.
” If you are not aware Senior AFRICA REIT LTD does not require all permits for it to start its construction works, some senior Cityhall officials are directly linked to it,” a businessman told our investigative journalist.
Residents in Parklands, Westlands, and other estates have also been complaining accusing Senior AFRICA REIT LTD of doing shoddy jobs.
” Most of the houses they have constructed are sub-standard, they are not properly constructed, the company is linked to fraud, bribery, and other dubious deals,” said an official from city hall.
A Nairobi-based DCI officer also weighed into the matter, he said that most cases ranging from Fraud in the real estate sector are AFRICA REIT LTD. He urged Kenyans to be on the lookout.
Our efforts to get a comment from Senior AFRICA REIT LTD about the matter were not successful as they failed to receive our calls during the time of publishing
The revelations come days after a Judge at the Environment and Labour Relation Court this week contradicted himself and gave a wrong ruling on a wrong matter concerning illegal demolitions and construction of Woodley Estate.
The Judge in his ruling struck off a petition filed by the Woodley residents who had sued to stop the Nairobi County Government from demolishing and evicting them contrary to the law.
In his ruling, Justice MD Mwangi in a virtual court session ruled that the petitioners in the case before him were the respondents in a decided case and were therefore “re-litigating case” terming it res judicata. But the Petitioner was not a respondent in that case and has not appealed that decision which was the basis of his dismissing the petition and allowing demolition of Woodley Estate to proceed.
The residents are also dissatisfied with the ruling in which the judge ruled public participation has been conducted as the tendering process by city hall was advertised. The residents say that is not the criteria set out by the Supreme Court for public participation
They also contend that the judge relied solely on the affidavits of respondents and the developer was thoroughly critical of theirs and even used “unjudicial language” to describe their petition.
By relying on the affidavit and submissions of the Respondent and developer which introduced a different ruling with a different party they both told the court the petitioner was the Respondent in that case and he believed them and gave a disturbing ruling. The ruling seems to have caused confusion and anxiety even as Governor Sajaka’s men continue to celebrate.
Further, as per the documents in our possession, the Judgement failed to address the petition filed in court but relied on the Respondent’s theory.
” This court finds that the petitioner’s intention in filling this petition is to re-litigate an issue that has already been decided by a court of competent jurisdiction; by giving cosmetic facelift renaming it a constitution petition,” the Judge said while referring to ELC No 2054 of 2007 which the court in 2015 had ruled it would not have a binding effect on the other suits stayed under the order it granted in it.
Ironically, that case was between the Kenya Anti-Corruption Commission and Mr.Paul Moses Ngetha whom we have confirmed was not part of the petition filed by the Woodley Residents. The case before Justice MD Mwangi was between Woodley Residents Welfare Association, Petitioner Wanja Kimani, Peter Ngatia, John Mugwe, and Samson Mugacha Mwangi against Nairobi County Government, The attorney General and the Ministry of Housing and Urban Planning.
Residents had raised serious issues that the Judge failed to address but instead proceeded to strike out their suit without listening to them & even ordered them to pay costs, yet the error was on the court.
For instance, the Woodley Residents who are the Petitioners told the high court that the County government is attempting to grab the properties and give it for free to a developer, which houses they had been offered to buy by the defunct City council of Nairobi and were asking to now be allowed to buy by NCCG having lived in the houses for over 70 years. The Judge failed to address their right of equity and upheld land grabbing instead in his ruling in which he also used a harsh tone.
They also told the court that the projects set to be launched in a month’s time will lead to bringing down homes housing 3000 residents together with their investments inside the estate.
They say this is an attempt by powerful people to evict the residents and allocate the houses and land to themselves and their cronies claiming that there is no environmental impact assessment that has been done and presented to them.
Also Read: EXPOSED: Ameey Homes Limited Accused of Defrauding Buyers with Substandard Housing Projects
They wanted the court to stop the county government through its agents from doing any act interfering with the peaceful, actual, and exclusive possession and enjoyment of the land known as Woodley/Joseph Kangethe estate land parcel number LR No 209/13539.
The petitioners said they have lived in the estate for more than 70 years, adding that the estate has historical and cultural heritage and diversity that must be jealously protected.
“The said members have known Woodley to be their home, where they have built shops, hospitals, schools, and churches, among other social amenities, for their use and the benefit of other members of the public.
They claimed that the City Council (now Nairobi County Government of Nairobi) resolved to sell houses in Woodley to sitting residents,” the petition reads in part.
“Corruption marred the process where outsiders (non-residents) were allowed to buy the houses in total disregard of the existing tenants, and consequently the sale was stopped when Woodley residents went to court after continuously being harassed by people who came in with letters as proof of purchase.”
The petitioners claim that the sale of the said houses was recognized as the same had happened in Makadara and Dangoretti, where residents bought the City Council houses in the past, and Woodley residents were expecting the same would happen in their case.
The plans to demolish the estate were mooted in 2021 by the defunct Nairobi Metropolitan Services (NMS).
They also told the court that the process was marred with corruption and other illegal activities.
However, without considering the above case that was before him, the judge proceeded to rely on a previous case and the Nairobi County Government defense.
“Having carefully considered the findings by the court in ELCCC 2054 of 2007 and the petition filed in this matter as well as the application dated 2nd April 2024, I am convinced that the gravamen of the petition by the petitioners is prayer number (D) in the petition dated 2nd April 2024,” read the ruling referring to the previous judgment that the court said should be bound to other suits.
Although prayer (D) requested the residents be allowed to buy their houses, the judge ruled that was a concealed attempt to claim ownership of the houses by the residents, which the judge said he had seen through and was on guard against.
He proceeded to ignore all the other 6 prayers and used just that one to strike out the suit and permit the County government to proceed with the illegal works of house demolition based on the above ground.
“An order does hereby issue allowing continued
enforcement of the resolution by the Nairobi City Council
(now County Government of Nairobi) to allow tenants to
buy the council houses at Woodley Estate,” he said.
They state that was grossly injustice as their petition was not decided on correct evidence and merit but on presumptions and errors. They will appeal the decision as well as report it to the JSC seeking the Chief Justice’s intervention to stop the evictions & demolitions that will affect thousands of Nairobi residents.
