Nairobi Widow Loses Ksh 250M Property Fight

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A bulldozer demolishes a house in Eastleigh in 2011
  • A Nairobi widow, together with her son, is counting losses after they lost a case in which they tussled with the government over Ksh250 million property.

    In a suit filed by the widow, Esther Njeri, she argued that the demolition, which was carried out by the state 10 years ago, was done without any prior warning.

    She was seeking Ksh196 million compensation for herself and Ksh54 million for her son.

    The demolished property was located near Moi Air Base in Eastleigh and the state claimed that it resorted to the move to ensure safety for the military aircraft facility.

    A bulldozer demolishes a house in Eastleigh in 2011.
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    The house was part of the structures that were demolished in 2011.

    Judge Bernard Eboso, who was hearing the suit, dismissed it claiming that the two did not prove that the state erred in its actions.

    The judge further pointed out that the complainants did not prove beyond reasonable doubt that the structures neighbouring the base were legally approved and constructed.

    “They have not discharged that obligation. In the circumstances, the court does not have a proper basis for holding the Attorney-General liable for the removal of the structures,” stated the judge.

    The office of the Attorney-General was mentioned as the defendant on behalf of the Internal Ministry and that of Defence.

    The judge, in his ruling, also pointed that the case was a result of failure on the part of the state.

    At the time of the demolitions, residents of Eastleigh disclosed that they woke up to the rude shock of their houses being reduced to nothing.

    Most of the houses were three-storied.

    “I have only been called here by my tenants. I have been caught unawares and you cannot do anything in front of the bulldozer and the military,†lamented one of the landlords at the time.

    “We have never been given any notice; I just came back after taking my daughter to school and found bulldozers demolishing houses. We do not know where to go,†another complained.

    File image of a court gavel
    File image of a court gavel
    File
  • Source: KENYAGIST.COM

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