A Kenyan living in Ireland is crying for justice after his property at Pangani valued at more than Sh55 million was demolished.
Amos Njugi Wachira in his case against Kachuodho Holdings Limited and Stephen Ocholla Sangira, claims that the latter moved to the magistrate's court and alleged to have served him with papers at Eastleigh despite him not being in the country.
Njugi in his case before the Environment and Lands Court narrates that Ocholla sent goons to his property, demolished it with the help of the police then vanished.
Justice Jaqueline Mogeni on Monday, March 7, heard that despite Ochola and Kachodho filing the case before the lower court, they never showed up, resulting to the case they had filed being dismissed.
At the same time, Ngugi testified that even before the High Court, the two never filed a reply or asked a lawyer to appear on their behalf.
Njugi in his case also sued the Nairobi County, Chief Land Registrar, Inspector General of Police, and Attorney General.
The AG and county government told the court that they will not call any witnesses in the case.
In his case, Njugi told the court that on October 28, 2021, persons who had been hired by Kachuodho and Ocholla invaded his property and demolished it on the allegation that they had a 99-year lease.
According to him, the firm and Ocholla then proceeded to the magistrate's court which aided him to evict his tenants and demolishing it.
"Police officers acting under the authority of the 5th defendant (AG) escorted the goons and provided them with protection to demolish the property. The fifth respondent is thus liable fot all damages arising from the said malicious damage alongside the first, second, and third respondents," Njugi said.
He wants the court to order the government to pay him Sh19 million for loss, alongside the value of his property.
According to him, the magistrate's court dismissed the case filed by Kachuodho and Ocholla after it was discovered that the property was valued more than Sh1 million and the two never showed up in court.
"Despite demand and notice of intention to sue having been given to the defendants, they have failed and or neglected to settle my claim thus making tie filing of this case necessary," he continued.
Njugi told the court that he bought the property from Ephantus Ngochi in 2007. He then proceeded to take a loan from the Housing Finance Corporation of Kenya (KFCK) and used the property as security three years later.
"The property initially comprised of single storey Asian main house, four extension blocks, and two ablution blocks all adding to 28 units. He then modified them and it fetched at least Sh192,000 in rent per month.
He said that his caretaker called him and informed him that there were police officers and unknown persons who came and demolished the property alleging that there were court orders authorizing the demolition.
The orders from the magistrate's court were instead ordering the police to secure the property to ensure Njue or his agents do not trespass.
"From the above, the court did not provide for the demolition of the suit property and I was therefore at a loss as to why the police would participate in such a heinous and barbaric crime of demolishing my property for no apparent reason and more so I do not know who Kachuodho Holdings was and what claim it had in the property," Njue testified.
He wants compensation and orders barring Ocholla and his company from claiming the property. They never replied.
