Woodley residents have suffered a setback after the High Court dismissed their petition against the Nairobi County Government and other parties, citing lack of merit and the repetition of issues that had already been resolved in previous legal proceedings.
In a ruling delivered by Justice Mboya Ongutu, the court determined that the issues raised in the petition had already been addressed in earlier legal cases, including a ruling by the Court of Appeal in Civil Appeal No. E375 of 2020.
Justice Ongutu stated that the petition was based on matters that had already been discussed and concluded in past court actions.
“It must have become apparent that the Petition filed by the Petitioners relates to issues that have been previously canvassed and determined in earlier proceedings,” he ruled.
The judge further noted that the petitioners had failed to establish a legitimate legal interest (locus standi) to pursue the case, undermining the validity of their claims.
“The Applicants did not prove that they had any nexus to the suit property. In short, the Applicants did not establish the necessary locus standi,” read the court documents.
As a result, the court struck out both the petition and its associated applications, stressing that future legal challenges must present fresh and substantive claims.
“The Notice of Motion Application dated 15th November 2024 is hereby dismissed. The Petition dated 15th November 2024 is hereby struck out,” the ruling stated.
The court also lifted the temporary orders maintaining the status quo that had been granted earlier in the case.
Senior Counsel Dr. Adrian Kamotho, representing the respondents, argued that the petitioners had not provided sufficient evidence to prove their residency in Woodley Estate, which further weakened their case.
The court awarded costs of the petition to Nairobi County, the Attorney General, and Africa Reit Limited, the Interested Party.
The costs will either be agreed upon by the parties or taxed in the usual manner if they cannot reach a consensus.
The Woodley residents had argued that the eviction, which cleared the 10-acre land for development, was carried out without the necessary public participation, violating their human rights and fundamental freedoms.
However, the Nairobi County Government had already compensated the 43 affected tenants, offering each sh 900,000 to facilitate the construction of 1,975 apartment units.
Governor Sakaja had also issued letters of allotment, ensuring that the tenants would own the new houses once the project is completed, with construction set to begin immediately.
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