Indian family-owned premises raided, tenants’ property auctioned

What you need to know:

  • According to Mr Hussen, he was born and bred in Ngara and that his late father gave him the disputed piece of land in 1942.
  • Speaking to Nation by phone Mr Hussen said that his tenants have been remitting rent to him as the dispute is still under investigations by the National Lands Commission to determine ownership of the land.
  • He accused the private developer of breaking into his the tenants’ houses and taking all their property and money to recover a debt they were not aware of.

Tenants in Asian owned residential houses in Ngara had their household property auctioned in yet another forcible eviction by a private developer.

The auctioneers, Clear Real Traders, raided the houses, on Friday, and carted away the tenants’ property on claims that they had not paid rent.

The disputed property is claimed by 74-year old Joginder Hussen and Susan Wachira.

According to Mr Hussen, he was born and bred in Ngara and that his late father gave him the disputed piece of land in 1942.

But Ms Wachira, of Geocom, has also laid claim on the land and wants him out.

Speaking to Nation by phone Mr Hussen said that his tenants have been remitting rent to him as the dispute is still under investigations by the National Lands Commission to determine ownership of the land.

He accused the private developer of breaking into his the tenants’ houses and taking all their property and money to recover a debt they were not aware of.

“I was called by one of my tenants that an auctioneer company has taken everything they own and yet they do not understand what is happening,” said Mr Hussen.

The controversy surrounding the ownership started in January 9, this year she first raided the premises just after Mr Hussen sought to renew his lease.

However, Mr Hussen said that he has the title deed to the land and that he was given up to January 13 to present his ownership documents to prove his case claim which he did but his adversary did not.

“We were summoned by NLC to bring documents proving ownership but when the new claimant failed, the land the commission moved it to January 26,”said Mr Hussen.

He added that Ms Wachira claims that she bought the land in 1993 from Mr Hussen’s father. But this has been disputed as the old man died in 1967.

However speaking on phone Ms Wachira denied having send any auctioneer to raid the premises.

Ms Wachira said that she does not even know of such a disputed property in Ngara.

Shockingly, the auctioneer, Samuel Mugendi, said that the she had indeed presented a rent tribunal order that they used to carry out the exercise.

Mr Mugendi added that they were presented with all documents they needed to carry out the operation hence his company was not at fault.

He added that if Mr Hussen is displeased, he should go to court as they cannot determine who the true owner of the said property is.

This is not the first time the tenants have been caught in the middle of a controversy.

In an interview with Christopher Mwangi, a tenant, they have been having sleepless nights as the developer has even changed locks of the the main gate and she has also hired private security guards to man the premises.

The new owner had also written to the tenants in a letter dated December 1, last year to vacate the premises by the end of the month as she wished to commence construction in the piece of land.

The NLC has said that the real owner of the land will be known next week after investigations are complete.