Proposed Embakasi construction hangs in the balance following squatter invasion

The proposed construction of a multi-billion-shilling project in Embakasi, Nairobi hangs in the balance following squatters’ invasion of the land meant for the project.

For nearly two decades, efforts by the private developer to remove the squatters from the 35-acre land through court orders have been unsuccessful as the illegal occupiers are said to continue growing – from a paltry 200 in 1999 to more than 3,000.

Embakasi Developers Ltd had proposed to build a Sh3 billion complex known as City-within-a-City, including a commercial centre, educational centre, health centre, high-end residential apartments, office block, worship centre and recreational and playgrounds but all these remain on paper.

To pave way for the construction, the developer first attempted to kick out the families from the land in 1999 after obtaining court orders but this and subsequent moves have continued to face opposition from some politicians and city authorities.

The developer has now appealed to the national government to intervene and end the land grabbing menace in the country to pave way for land owners to make meaningful income.

At the beginning of the acrimonious court dispute, the group of squatters in the name of Mukuru Embakasi Jua Kali Association claimed they were allocated the parcels by the Commissioner of Lands on January 2, 1993.

MAKAU MUTIE

The group, led by a former area councillor of the defunct Nairobi City Council Mr Makau Mutie, alleged they owned the land and had obtained an order from the Director of City Planning allowing them to erect temporary jua kali structures on the disputed land.

However, Embakasi Developers jointly with Concreters Ltd said that it was the registered owner of the land allocated to them on October 23, 1992 and had all the relevant documents.

The matter ended up in court where the court ruled in favour of the private company. Then High Court Judge Jeanne Gacheche declared that Mr Mutie and his group were squatters and had no absolute right over the land. But eviction attempts hit a snag.

The developer again unsuccessfully tried to execute the court order on February 4, 2009 and subsequently appeared before Justice John Osiemo (now retired) who directed that the case be heard by the Deputy Registrar. On March 16, 2009 the Deputy Registrar issued eviction orders.

Mr James Murigi, a director of Embakasi Developers, sought the assistance of the Officer Commanding Embakasi Police Station, who assigned him 100 police officers and together with the company employees moved in to evict the squatters.

REMOVE BELONGINGS

Mr Murigi said he served the squatters with the eviction notice and consequently allowed them to remove their belongings “and they were very co-operative and started leaving”,

But it took a dramatic twist when the eviction was allegedly stopped by then Embakasi MP Ferdinand Waititu, who is now the Kabete MP and a group of youth.

Matters were complicated years later when another group, Embakasi Jua Kali Housing Association, moved to court and obtained temporary orders to block yet another attempt to evict them from the land.

By then, the number of illegal dwellers had ballooned and more buildings had been put up on the disputed land, including schools, churches and other permanent buildings.

The private company has since written several letters to the county government asking why the authorities had allowed the squatters to build permanent structures on the property despite Embakasi Developers continuing to pay land rates.

“In the last one month, five more buildings have been put up and your inspectorate department has not stopped the illegal construction,” read part of the letter by Mr Murigi dated September 6, 2016.

On January 25, 2012 the developer made good his threat of evicting the squatters. This turned bloody leading to the death of at least two people.