Kariuki Mukono & 3 others v Nairobi City Council & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI Civil Suit 388 of 1997 KARIUKI MUKONO………….………………………..1ST PLAINTIFF JOHN MUNYIRI……………….……………………….2ND PLAINTIFF JAMES WAWERU……………..…………………….....3RD PLAINTIFF KYORA CHARCOAL DUMP SELF HELP GROUP…………..……………………….4TH PLAINTIFF (All suing on their own behalf and on behalf of 23 others) VERSUS NAIROBI CITY COUNCIL………………….……..1ST DEFENDANT CHURCH COMMISSIONERS FOR KENYA.……2ND DEFENDANT RULING The Applicant seeks an order by its application of the 14/8/2003 that: 1. The Plaintiff be forcibly evicted from the 2nd Defendant’s parcel of land known as Kyoga Crescent Maringo, Nairobi. 2. That the officer commanding Station Jogoo Road Police Station do supervise the said eviction and provide the security needed during the eviction exercise. Mr. Gitau opposed the application as he submits that firstly, the wrong provisions had been relied on for execution of the decree. In my judgment of the 29/8/2002 l made an order that the Plaintiffs give vacant possession of the Plot to the 2nd Defendant on the 1st day of December 2002. In the supporting affidavit it is deponed that the Plaintiffs and their agents and servants have refused and /or failed to vacate the 2nd Defendant’s parcel of land. This is not disputed by the Respondent. Mr. Gitau informed the court that an application for stay of execution had been made. That application which has not been heard yet cannot constitute a reason for not complying with the order made. Secondly, he submitted that as no prayer for eviction had been

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