Elderly couple violently evicted from house in Westlands, Nairobi over lease dispute

The lease of the property which is on Jalaram Road next to Oval Place in Westlands is said to have had expired in 2009.

NAIROBI: An elderly couple was Sunday dawn evicted from their house and the structure demolished by a developer claiming he had taken over ownership of the property.

The property is among tens that have been on target by “new owners” on the pretext that their leases had expired.

There has been a cartel taking over such property in the city dislodging old owners in unprecedented manner.

The couple said they had been living on the quarter an acre piece of land valued at Sh80 million since 1972. They learnt lease of the property which is on Jalaram Road next to Oval Place in Westlands had expired in 2009.

And without their knowledge, an entity known as Franc Logistics obtained a title deed of the land. The survey plan was issued in 2015.

It was then that the family of Ms Parin Kurji who is the head of biometry at the University of Nairobi lodged a complaint with the National Land Commission.

Ms Parin, 70 and her husband 74 said the claimants of the land are frauds out to con them.

Commission vice chairperson Abigael Mbagaya said they had issued orders for status quo to remain until December 9 when they would hear from both parties on the ownership of the land.

“We were shocked to learn that the new claimants Franc Logistics had come with a bulldozer to evict a family that was sleeping and demolish a house without even a court order,” said Ms Mbagaya.

Mbagaya who visited the site with Commissioner Abdikadir Khalif, CEO Tom Chavangi and lands PS Mariam el Maawy said the Kurji family was supposed to be given priority in renewal of the lease on the property.

“Under the law, they have the pre-emptive rights on the property when it comes to renewal of their lease. We don’t know who issued the claimant with another title and that is why we are here,” she said.

She appealed to those whose leases had expired to go and register with the commission to enable them process their documents.

El Maawy said they have had a number of complaints on leases in many places.

“This is extreme and that is why we are urging police to first taken action on the criminal part of it as we proceed with the other complaints,” said El Maawy.

Police said there were no orders to warrant the demolition and added they were looking for businessman Francis Njeru for questioning regarding the demolition.

The officers handling the matter said Njeru had presented a county order stopping illegal construction on the land.

“But on checking we have established his contractors were demolishing property. We are investigating a case of malicious damage to property,” said a senior officer who was there.

Njeru could not be reached on his mobile phone.

The family blamed police for not helping them when a bulldozer arrived there at 5 am.

They said they called police for long with no response as the bulldozer brought down the house. This was after those hired for the mission had woken up the couple and informed them they were the new owners.

“They threatened us with machetes as they ordered us out of the house with a bulldozer flattening the gate and later our house. This is impunity,” said Hanif Kurji, a son of the Kurji.

Hanif said all their properties including crucial documents were destroyed in the demolition.

Police said they would guard the site until the matter is heard and determined.