In an escalating land dispute in Njiru, Nairobi, concerns have arisen regarding the integrity of government allocations, provoking controversy within the real estate sector.
The controversy revolves around a 1,000-acre property, with partial claims attributed to the late Italian national Domenico De Masi, who reportedly owned land reference number LR. No 5908/8, a segment of the aforementioned property. A Family Court grant from 2011 mandated the subdivision of the land among his heirs and other claimants. Concurrently, the family of the late Kenyan politician Gerishon Kirima has staked their own claims to the same parcel, intensifying the dispute.
The Environment and Lands Court in Nairobi has ordered evacuations by December 2023, impacting individuals and developments on the contested land. This development has placed the Nairobi County Government under scrutiny, particularly after Muoroto Naridai, one of the affected groups, provided evidence of rate payments to the government for the disputed property. The county’s acknowledgment of property claims, amounting to over Kshs 16.5 million in collected land rates, is now under investigation.
The complexity of the case is compounded by the involvement of multiple parties, including squatters and third-party buyers who assert their legal occupancy rights based on government allotments and rate payments.
George Ouma, chair of Naridai Muoroto Scheme, contests the label of encroachment, citing official certificates and allotment letters from the former Nairobi City Council as evidence of their claims. Nevertheless, the city’s former officials have distanced themselves from the allocations, raising doubts about the authenticity and procedural adherence of past allotments.
The real estate sector is closely monitoring these proceedings, as the outcome could set a precedent for land ownership and development rights in Nairobi. Given the substantial investments and the well-being of thousands of individuals at stake, the decisions made in this case may reshape the legal and investment landscape, influencing future cases.
Property developers and prospective investors are advised to exercise caution in areas where land ownership disputes are prevalent. The De Masi and Kirima case underscores the need for thorough due diligence in property transactions and highlights the volatility of land disputes within Kenya’s burgeoning real estate market.
