Milimani Law courts Principal magistrate D.W Mburu has issued Shital Bhandari with a court order restraining the government from repossessing the land belonging to Nairobi Water and Sewerage company. According to sources the magistrate is alleged to have been compromised by some cartel.
The Principal Magistrate has even disobeyed the executive order issued by President Uhuru Kenyatta who ordered National Land Commission Chairman Mohammed Swazuri to revoke the fake title deed in possession by the land grabber who hails from Pakistan.
The order maintains Bhandari owns the land and was building on it, and also stops all earlier orders seeking to evict him from the property.
This comes just days after Inspector General of Police Joseph Boinnet ordered the arrest of anyone setting foot on the Loresho land which is reserved for expansion of a water reservoir.
Boinnet said it is the mandate of police to protect public utilities, adding the land will be guarded therefore no construction should go on.
The land has been subdivided into nine parcels and Loresho Residents Association chairman Richard Njoba said an acre has been hived off by Bhandari, who is putting up a multi million shilling shopping mall.
Nairobi Senator Mike Sonko over the week led Boinet, Swazuri, CID Boss Ndegwa Muhoro and EACC CEO Halakhe Waqo to the four acre piece of land and he called on police to probe Bhandariâ€™s intentions.
” Just like the Westgate terrorists who hired space inside the mall, this man might be having ill intentions by grabbing the water reservoir which supplies water to Gigiri, Lavington, Loresho, Westlands and other parts of Narobi and its environs “Sonko said.
Sonko on Friday last week obtained court orders blocking the developers from taking over the land.
CID director has also directed his sleuths to guard the water reservoir.
â€œYou never know the intentions of the grabber. Why would you grab a public water reservoir and send away all the Nairobi water workers? You must have ill intentions,â€ Muhoro said.
Sonko also added Mr Bhandari lost in high court which is a superior court in case no. 151/2012 he filed against the government whose judgement was delivered on the 4th of April this year by Justice Weldon Korir, so the magistrate’s court has no jurisdiction to set aside a high court judgement. ” I am not an advocate but for the little period I have enjoined my self in the case i have noticed that Mr. Bhandari is abusing the court process. When he loses a case he conspires with the clerks to hide the court files and goes on to file a new case.” said an agitated Sonko while speaking to a daily newspaper.
Mr. Bhandari is likely to face separate charges of demolishing structures belonging to Nairobi Water and Sewerage Company that he demolished on the plot before he grabbed it.