Private developer barred from disputed land

A private developer and over 2,000 members of a self-help group have been ordered by the High Court to stay away from a Sh2 billion parcel of land at Small World in Athi River pending hearing and determination of a case on its ownership.

Stopping Philip Karonjo Ndehi and Sunrise Vision Self Help Group members from interfering with the land, Justice Oscar Angote said: “As stated by lawyers Cecil Miller and Peter Wena there is need to preserve the over 200-acre farm from being wasted away.”

“Neither Sunrise members or Mr Ndehi should proceed with any form of construction, development nor ferrying construction materials on the suit land, pending hearing and determination of several cases pending in court, or any other that may be filed,” ruled Justice Angote.

The judge directed the Officer Commanding Police Division (OCPD) Athi River to enforce the order by “ensuring that nobody enters the parcel of land to carry out any construction or drop any building materials.”

The judge ordered Mr Miller and Mr Wena who are appearing for Mr Ndehi to hand over his order to the OCPD Athi River to enforce it and also to serve it on an official of Sunrise, Titus Mutwota.

The court was told by Mr Miller and Mr Wena that several orders have been obtained over the prime land adjacent to the famous Small World Club of the 1970’s, Simba Cement Factory and Primarose flower farm along Mombasa Road.

Mr Wena urged the judge to grant a conservatory order preserving the land “so that it is not wasted away before the main case is heard and determined.”

Justice Angote also ordered that the file in respect of that case be locked up in the safe of the court.

Sunrise has in a different cases also obtained orders barring Mr Ndehi, the proprietor of St Hanna’s Boys High School-Karen from interfering with the land saying its over 2000 members are the bonafide owners.

Justice Angote heard that Mr Ndehi had filed a case against the chairman of Sunrise Mr Joel Ndunda, Mr Charles Kyalo, the Chief Land Registrar and the Attorney General.

This article was published by the DAILY NATION on June 20, 2017