We, Sosian Five Courts Residents Association, on behalf of the residents of Lower Savannah Ward in Embakasi East Sub County in Nairobi County, DRAW the attention of the National Security Council to the following:
Background Facts
1. In 1974, the Government of Kenya compulsorily acquired a parcel of land known as Land Reference No 11379/3 under the provisions of section 6 (2) of the Land Acquisition Act of 1968.
2. The said land, measuring 818 acres, was vested in the Government of Kenya on 24th July, 1974 and compensation for the land was deposited in the High Court after a dispute arose between Kiambu Dandora Farmers Company Limited and Dandora Housing Scheme Ltd both claiming ownership in pursuit of the compensation payment.
3. An entry was made against the title vesting the property in the Government of Kenya on certificate of Title Number IR 23514 as entry number 3 dated 20th November, 1974.
4. No further entries were made on the title as it ceased to exist.
5. Today there is no available official Government search that can be produced in respect of this title number 11379/3 including but not limited to a digital search as the title does not and cannot lawfully exist.
6. Over the years, the 818 acres, has been developed and is occupied by hundreds of thousands of Nairobi residents who have developed their property through hard work, bank loans. The area now covers a large part of Eastlands in Nairobi including Umoja 1 & 2 Estate, Kayole estate, Komarock Estate, Kariobangi Civil Servants Scheme, Kariobangi light industries, Steel Structures, Coca Cola, New KCC, Emco Sweets, Emco Billets Dandora site and service scheme, Mama Lucy Hospital, Sosian Estate and, as late as the year 2009, Nasra Estate and other schemes.
7. On 29th May, 1991 a company known as Amboseli Court Limited, like many other Kenyans, applied for allocation of Government land for residential and ancillary services estate development which application was approved by on 14th June, 1991.
8. Amboseli Court Limited was issued with a letter of allotment dated 16th July, 1998 and further made all requisite payments vide Barclays Bank (now ABSA Bank) Cheque Number 728483 dated 21st Oct 1999 for Kshs 4, 031,513.00 and another Barclays Bank Cheque Number 728482 dated 21st October, 1999 for Kshs 8,943,167.00 being standard premium and stamp duty. The origin of the two banker's cheques can be verified through Barclays Bank of Kenya, Queensway Branch.
9.Amboseli Court Limited subsequently sub-divided the land and the titles were issued and registered as LR NO.15400/1-15400/595, developed all requisite infrastructure including —roads, sewer water reticulation among others and sold the properties to interested Kenyans who were issued with title deeds
10. Around the year 2009 Kiambu Dandora Farmers Company Limited was allocated, by the Government, a portion of land measuring approximately 120 acres adjacent to Mama Lucy Hospital which they sub-divided and sold plots to the public and their alleged members forming an estate called Nasra Estate.
11. The same land area described in point 1 above measuring 818 acres covers properties which were issued with titles by HE president Uhuru Kenyatta under the Nairobi Titling Program on Wednesday 30th May, 2018.
12. In May 2018, the National Land Commission illegally purported to review the matter and restore ownership of the entire 818 acres comprised in the former Land Reference Number 11379/3 on which thousands of Kenyans live and conduct business. A copy of the said illegal decision, signed surreptitiousIy by the former Vice — Chairperson of the commission, is attached.
13. In a demonstration of remarkable impunity, the said unlawful decision by the National Land Commission purported to restore ownership of all 818 acres to Kiambu Dandora Farmers Company Limited including all the land currently occupied by Umoja 1 & 2 Estate, Kayole estate, Komarock Estate, Kariobangi Civil Servants Scheme, Kariobangi light industries, Steel Structures, Coca Cola, New KCC, Emco Sweets, Dandora site and service scheme, Mama Lucy Hospital, Sosiani Estate, Nasra Estate and other schemes.
14. On 10th May, 2018 a contingent of administration police officers, acting under the instructions of a Regional Commandant, invaded the area in the company of a group of people who identified themselves as members of Kiambu Dandora Farmers Company Limited.
15. On the 22nd May, 2018, alleging that they had been authorized to repossess all undeveloped land within the 818 acres and demolish buildings on the developed portions, the said group returned accompanied by a militia/domestic terror group armed with crude weapons purporting to work for the Nairobi County Government and went on an orgy of violence, terror campaign and harassing, residents of Sosian and neighboring estate.
16. The militia has specially targeted construction workers in the area whom they chase away with warnings of dire consequences if the warnings are not adhered to.
17. The corrupt and unlawful National Land Commission decision that Kiambu Dandora Farmers Company, the local administration and police have relied on to terrorize residents was recently set aside by the high court on 10th June 2021 in a decision that affirmed the title deeds of the residents. See Republic v National Land Commission & another; Samuel Wachira Wanja & 2 others (Ex-parte); Kiambu Dandora Farmers Co Ltd & another (Interested parties) [2021] eKLR which we have attached.
18. The said militia/domestic terrorists have however now returned again, with the tacit blessings of a senior official of the Nairobi County Government and the Deputy County Commissioner for the area, and are carrying out acts of wanton destruction, middle of the night demolitions carried on 10th and 29th of July 2021, violence and harassment of residents under police protection in an attempt to grab and resell the land using fake certificates to unsuspecting members of the public who are urged to quickly construct buildings that cannot be approved since Kiambu Dandora Farmers Company has no title deeds it can lawfully transfer to the unsuspecting buyers. They have refused to comply with court orders or recognize title deeds lawfully issued by the government and protected by law.
19. Kiambu Dandora Farmers Company Limited has attempted to invade land belonging to other companies in the area but has been restrained from doing so by the court but they have enlisted the help of rogue elements of the provincial administration, in total contempt of the law and insist on engaging in lawless and wanton acts of violent eviction of landowners from the property.
Att: All Members of The National Security Council.
20. For example, see Emco Billets and Steel Limited vs Kiambu Dandora Farmers Company Limited (2016) eKLR (which is attached), where the high court admonished the Kiambu Dandora Farmers Company Limited in the following terms:

 I’am in agreement with the plaintiff's submission that the said title can only be revoked or cancelled through the due process of the law. Until the said title is declared null and void through a legal process, it remains valid for all intents and purposes and unless there are exceptional circumstances that Kiambu Dandora Farmers Company Limited would sway the court such as public interest the title is entitled to protection of law. It was not open to the defendant to take the law in its own hands by forcefully taking possession of the disputed property from the defendant amounts to trespass. This court cannot lend its aid to acts of lawlessness a true copy of the said ruling which is attached hereto and marked...
      

21. We have been forced to petition the National Security Council because:
a) We, residents of Sosiani Estate and other residents in lower Savannah Ward who have lawfully acquired title deeds which are protected by law and the Constitution.
b) We have obtained court orders to stop the acts of lawlessness and terror described above. Kiambu Dandora Farmers Company, the local administration (particularly the Deputy County Commissioner) and police have violently demonstrated and openly stated in the media that they don't recognize court orders, the rule of law or court authority.
c) Attempts to commence contempt of court proceedings are rendered meaningless by the fact that the very people who should execute the court orders are complicit in protecting the criminals who terrorize the residents without fear of official repercussions. See for example the case U-Haul Vehicle Ltd v Kiambu Dandora Farmers Co. Ltd & 5 others [2020] eKLR and Samwel Kamaitha Muriuki & another v Kiambu Dandora Farmers Limited & another [20191 eKLR (copies are attached).
$) We and other residents cannot peacefully utilize, conduct business, live in or sleep in peace in our lawfully acquired property. Meanwhile, diabolically, particularly in the midst of the corvid pandemic, police protection and official cover is provided to these domestic terrorists who have neither title to the land nor court orders.
e) The government agencies charged with protecting our property are not willing to do so and instead protect the criminals. Law abiding residents, who generate countless job opportunities and livelihood for thousands of Kenyans in the highly populated area, are instead forced to use prohibitive sums of money to secure themselves apart from incurring huge losses to their businesses.

WHEREFORE your humble petitioner(s) pray that the National Security Council:
a) Do order that harassment of the residents of Sosiani Estate, Umoja Ill Estate and the surrounding estates by Kiambu Dandora Farmers Company Limited with the assistance of the regional administration stops forthwith.
b) Action be taken against the directors of Kiambu Dandora Farmers Company Limited together with the rogue elements within the National Government and the Embakasi East Sub county Administration Offices and police who are assisting the company in its terror activities against residents of the Sosiani Estate in Lower Savannah Ward in Embakasi East Sub county.
c) Cause investigations to be carried out by the Directorate of Criminal Investigations, the Ethics and Anti — Corruption Commission and the Independent Police Oversight Authority against the Deputy County Commissioner Embakasi sub county, SCPC Kayole, the OCS of Kayole and Soweto and any other government officials harboring and protecting these criminals.
D) Take adequate steps to ensure that the property rights of the residents of Sosiani Estate are protected and respected.
e) Ensure that the court orders obtained by residents of Sosiani estate for protection of their property rights are protected and implemented by all government, state and public officials in the area.