Justice Mugo David (MD) Mwangi of the Environment and Labour Relation Court is on the spot for contradicting himself in a ruling that allowed the eviction of residentsT from a Nairobi estate.
This follows concerns that AFRICA REIT LTD, a real estate firm linked to Governor Johnson Sakaja’s City Hall, may have influenced the ruling.
Some residents, who have lived in the estate for decades, have been hospitalized, and deaths have been reported.
“I urge Chief Justice Martha Koome to stop these judges from violating rights. My elderly mother and I have lived here for decades, and the ruling was traumatic,” a resident said.
Documents seen by leaked.co.ke reveal that the judge’s contradictory and oppressive ruling has opened the door for land grabbing and illegal construction in Woodley estate, Nairobi.
Justice MD Mwangi dismissed a petition by Woodley residents, who had sued to prevent Nairobi County Government from evicting them inhumanely.
He ruled that the petitioners were respondents in a previous case, thus “re-litigating” it, declaring the matter res judicata.
However, the petitioners were not respondents in that case and had not appealed the decision, yet the judge dismissed their petition, allowing the demolition of Woodley Estate to proceed.
The ruling relied on a previous petition unrelated to the residents’ case.
Residents plan to take legal action against the judge and file a complaint with the Judicial Service Commission.
They are dissatisfied with the ruling, which claimed public participation had occurred because City Hall advertised the tender process.
Residents argue that this does not meet the Supreme Court’s criteria for public participation.
The ruling reveals the judge solely relied on affidavits from the respondents and the developer, using “unjudicial language” to describe the residents’ petition.
The judge based his decision on an affidavit and submissions that misrepresented the previous ruling, confusing the case.
Governor Sakaja’s allies celebrated the ruling, causing anxiety among residents.
Furthermore, the judgment failed to address the petition’s core issues and instead focused on the respondent’s arguments.
“The court finds the petitioners’ intent in filing this case is to re-litigate an issue already decided by a competent court, merely renaming it a constitutional petition,” the judge said, citing ELC No 2054 of 2007, in which a 2015 ruling did not bind other suits.
The case involved Kenya Anti-Corruption Commission and Mr. Paul Moses Ngetha, who was not part of the petition filed by Woodley residents.
The case before Justice Mwangi involved Woodley Residents Welfare Association and individual petitioners against Nairobi County Government, the Attorney General, and the Ministry of Housing and Urban Planning.
Residents raised serious concerns that the judge failed to address, striking out their suit without a hearing and ordering them to pay costs, despite the error lying with the court.
For example, the petitioners told the court that the County government was attempting to seize the properties for free, despite their longstanding right to buy the homes from the defunct City Council of Nairobi after living there for over 70 years.
The judge ignored their right to equity and instead upheld land grabbing in his ruling, using harsh language.
They also told the court that the proposed projects would displace 3,000 residents and destroy their investments.
Residents believe powerful individuals seek to evict them and seize the land, arguing no environmental impact assessment has been done.
They wanted the court to prevent the County government from interfering with their peaceful possession of the land known as Woodley/Joseph Kangethe estate, LR No 209/13539.
The petitioners emphasized they had lived there for over 70 years, and the estate holds historical and cultural significance that needs protection.
“Woodley has been our home, where we built shops, hospitals, schools, and churches for our benefit and the public,” the petition states.
They claimed the City Council (now Nairobi County Government) had agreed to sell the houses to sitting tenants.
“Corruption tainted the process as non-residents were allowed to buy houses, ignoring the existing tenants, and the sale was halted after residents went to court following harassment by outsiders claiming ownership.”
The petitioners noted that the sale of City Council houses was successful in Makadara and Dagoretti, and they expected the same for Woodley.
Plans to demolish the estate were initiated in 2021 by the defunct Nairobi Metropolitan Services (NMS).
Residents also told the court that corruption and other illegal activities marred the process.
However, without considering the case before him, the judge relied on a previous case and the Nairobi County Government’s defense.
“After reviewing the findings of ELCCC 2054 of 2007 and the petition filed, I am convinced the petitioners are attempting to re-litigate a past decision,” the ruling read, referencing a previous judgment that the court claimed bound other suits.
Though the petitioners requested to buy their houses, the judge ruled this was a concealed effort to claim ownership and struck out the suit.
He ignored six other prayers and used this reasoning to allow the County government to proceed with demolitions.
“An order is issued allowing the Nairobi City Council (now County Government) to continue with the resolution to sell Council houses at Woodley Estate,” the judge said.
Residents called the ruling gross injustice, claiming the decision was based on errors and presumptions.
They plan to appeal the ruling and seek intervention from the Chief Justice to halt the evictions and demolitions affecting thousands of Nairobi residents.
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