Court halts eviction of orphans from family’s Sh2billion property
The High Court has stopped the eviction of two orphans and their grandmother from a Sh2 billion family property in Karen, Nairobi County.
Lady Justice Lucy Nyambura Gacheru has barred Mr Lawrence Mwangi Njenga, his two sisters Scholastica Wanjiku Njenga and Lucy Wanjiru Njenga from evicting Ms Naomi Mumbi Ngugi and Caroline Nyambura Ngugi from their house situated on L R Nos 2250/142 and 143 and LR No.10096 or in any other way interfering with their quiet and peaceful possession and occupation of the said properties.
The judge also blocked the three from disinheriting their mother Mrs Naomi Njoki Njenga 91, a widow of the late Zachariah Njenga Mwangi.
Justice Gacheru, who certified as urgent the case filed by Lawyer Lawrence Kimondo for the orphans and their uncle Francis Murigi Njenga ordered the case to be heard expeditiously.
Mr Kimondo told the judge that the orphans’ father was living with his children on the same property built on a 20 acre parcel of land where they also reside.
The late Zachariah had also developed four commercial plots within the city with a rent turnover of Sh1million.
“It is a sad and sorry state the two sisters and their brother do not give the orphans their share of the Sh1million from rental collections,” Mr Kimondo told the judge.
“These children know no other place as their home besides the Karen residence where they were born and brought up. Any act to kick them out will render them destitutes,” Mr Kimondo submitted.
Upon the demise of their father in a mysterious inferno the two orphans were being taken care of by their grand parents the late Zachariah and his aging wife Naomi Njoki.
The fire which took the life of David Ngugi engulfed the house on May 3 2008 which had been locked from outside.
The judge heard that when Ngugi died, his brother Murigi the plaintiff, was residing in a separate compound which also forms the estate of his late father Zachariah.
Mr Kimondo informed the court the estate comprises of eight immovable but developed properties which have a monthly income of Sh1million, including a city hotel where the orphans were working and have since been relieved their duties.
“All the properties were registered in the joint names of Zachariah and his wife Naomi,” Mr Kimondo stated.
The lawyer said the three children of Zachariah have embarked on a fraudulent scheme to disinherit their mother and have already threatened the two daughter of their deceased brother with eviction.
Justice Gacheru heard that already the brother and the two sisters have hired a surveyor to sub-divide the property with an aim of fraudulently registering the properties of their late father in their names minus Francis Ngugi Njenga and their two nieces.