The Lower Eastern Times Opening The Third Eye
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Residents of Woodley Estate have faced a setback after the High Court declined to issue a conservatory order to stop the Nairobi County government from demolishing their homes.
In his ruling, Justice Mboya Ongutu stated that the request made by the petitioners was no longer relevant, as some of the houses had already been demolished by the county government.
The court was informed by senior counsel Dr. Adrian Kamotho that the petitioners had failed to provide evidence proving that they were residents of Woodley Estate. Dr. Kamotho also pointed out that one of the petitioners, Pinto Okari, claimed to be a High Court advocate without providing any proof of this. A check with the Law Society of Kenya revealed that Okari’s name was not listed among its members, suggesting that the petitioners could be fictitious.
The court heard that the county government had consistently engaged with recognized tenants in an effort to reach an amicable resolution. The lawyer further noted that the two petitioners claimed to represent 41 others, but did not present evidence of their identities or status.
The court has ordered that the application and petition filed by Dr. John Khaminwa be scheduled for hearing, and it will aim to deliver a judgment after hearing from all parties involved.
