28 July 2012

Kenya: Dandora Disabled Group Fights for Police Plot

A group of disabled people have renewed their bid to reclaim a piece of land on which the Dandora police station stands. The Dandora Disabled Group has filed a case against the Attorney General and the City Council seeking to block the construction of Dandora police station.

The group and the Dandora police station have been embroiled in a court battle over the ownership of the 1.095 acres worth Sh500,000.

A similar case filed in 2006 was dismissed by a magistrate court in March because the group had failed to sue the AG. The magistrate said the case had also been filed in the wrong court as it should have been filed at the High Court.

In the fresh case, the group, through Moses Okatch and Paul Wareire, claim that it is the legitimate lease holder of the parcel of land. They allege that the parcel was allocated to them on February 10, 1998 and were issued with a certificate of lease five years later.

They further allege that they have been paying rent to the Nairobi City Council amounting to Sh6,000 every year.

To secure the lease, the group alleges that it paid Sh66,000 for a period of 99 years since 1977. The group further says that the police are encroaching in the plot and wasting away the suit property by electing iron structures and a stone wall without its consent.

And for that, it wants an order declaring that the land situated at Dandora phase two along James road belongs to them.

The AG wants the case dismissed saying it is an abuse of the court process. But the council admits having allocated the suit property to the group which old the title of the disputed plot but avers that it should have sued the police and not the council. The council wants its names struck off from the suit.

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