The court has stopped construction of a police station on a disputed piece of land in Mihang’o, Nairobi.
Milimani Commercial Courts Chief Magistrate P. Achieng issued the orders halting the upgrading of Mihango Police Station after Githunguri Njiru Farm Limited, which claims ownership of the parcel on which the facility stands on, went to court seeking orders to stop any further development.
The firm has sued National Police Service Commission, Inspector General of Police, Deputy Inspector General of Kenya Police Service, Mihango OCS, Interior Cabinet Secretary, Njiru Deputy County Commissioner, Mihango chief and Attorney General for trespass on land registered as IR 134230 LR 6845/16/11.
“Take note that any disobedience of non-observance of the order of the court given on the 17th day of October, 2024 served herewith will result in penal consequences to your agent(s) or any person(s) for disobeying and not observing the same,” warned Achieng.
Recently, the Mihango community led by area MCA Paul Kiguathi Kadosi embarked on a mission to upgrade the station into a modern facility. Resources were mobilised and masons deployed on the site for construction works.
Aggrieved by the move, Githunguri Njiru Farm Limited, went to court to stop further development of the parcel, whose ownership has dragged in court for many years as the firm maintains its private property while residents claim its public land.
The disputed land has been earmarked for upgrading of the police station and construction of a court for small claims – projects being opposed by Githunguri Njiru Farmers directors. Kadosi accuses the firm’s directors of dishonesty, saying they surrendered the parcel several years back.
While seeking orders to stop the development of the parcel, the firm told court the respondents listed in the suit papers were interfering with the portion of land by embarking on construction of the police station without any justification.
“The respondents purport to construct a police station at Mihango area on land belonging to the applicant in clear violation of the rights of ownership of registered land,” said the firm through Mungai Kivuti & Company Advocates who maintained that police have no authority to invade and construct on the parcel.
The law firm pleaded with the court to issue a temporary injunction order restraining any activity on the land, pending the hearing and determination of its client’s application on the ownership dispute.
In a letter to Njiru Deputy County Commissioner last month, Githunguri Firm stated that it surrendered the parcel to area chief in 1997 for temporary accommodation since the local administration had no space from where to operate from.
The agreement was that the chief was to use the building, which housed the firm’s offices, for a period of six months before vacating. But over the years, the government refused to move and instead went ahead to put up a police station on the land.
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