An attempt by a businessman and his family to possess a public car park has failed after a court dismissed his claims.
Justice Samson Okong'o, of the Environment and Lands Court, ruled that the land in Buruburu Estate within Nairobi County which is currently being used as a bus stage was irregularly allocated to George Ngacha Njiriri as it is a public land earmarked for developing a car park for the residents.
"From the evidence placed before the court, it is clear that the land was reserved as an open space for parking and is in use at the moment as a public bus terminus. They cannot claim they were allocated the land in 2002 when the land belongs to the County Government of Nairobi," ruled Justice Okong'o.
The judge said contrary to claims by the businessman and his family that they were allocated the land by the defunct City Council of Nairobi in 2002, they do not have a genuine title to prove the allotment.
Justice Okong'o also dismissed Njiriri's claims the county government of Nairobi had trespassed on his land and assigned it as matatu terminus, ruling that in the absence of genuine ownership documents, he has no right to claim the land.
"He only mentioned that he has letters of allotment for the piece of land but the same were not identified and sealed by the Commissioner of Oaths as required under Rule 9 of the Oaths and Statutory Declarations Rules," Justice Okong'o ruled.
Njiriri alongside his family members Kellyann Njiriri, Susan Njoki Njiriri, Hannah Njiriri, Samuel Njiriri and Joseph Njiriri had sued the Nairobi county government for forcibly taking over the land.
According to the businessman, they had enjoyed quiet possession of the land until July 2019 when the county government took over it and erected a signpost indicating that they intended to construct a car park.
They argued that the move violated their constitutional right to use, enjoy and occupy the land which was their rightful property.
Justice Okong'o however dismissed the claims and agreed with the county government that the property was for public use and could not be claimed by private individuals.
