The High Court in Nairobi on Wednesday, June 21, 2023, issued an injunction restraining the Kenya Railways Corporation from evicting Pastor James Ng'ang'a from a plot of land along Haile Selassie Avenue.
The injunction was granted upon Ng'ang'a's request after the court established that the pastor, who leads Neno Evangelism Centre that sits on the land, raised a valid concern.
Speaking to Kenyans.co.ke, Pastor Ng'ang'a secretary confirmed that the High Court extended the orders to other government agencies including the National Police Service who would be instrumental in implementing the eviction.
"The injunction was issued yesterday following a previous order by Kenya Railways in which they ordered the church leadership to vacate the land," the secretary confirmed.
Ng'ang'a told the court that he has occupied the land for more than a decade after purchasing it legally.
Through lawyer Cliff Oduk, Pastor Ng'ang'a stated that he bought the land for Ksh8 million on June 22, 2011. The land has since appreciated in value.
The man of the cloth also revealed that he assumed the ownership of the land from Amin Mohamed Rahim Bhanjee, who held a 99-year lease from October 1994.
In his submissions, Ng'ang'a stated that following Bhanjee's death, the government gave his wife, Farida Amin Mohamed a certificate of confirmation of grant after the conclusion of an inheritance case on July 17, 1998.
"We have the right title deed for the property. However, Kenya Railways claims that the land is part of a railway reserve and they have been trying to evict Ng'ang'a for several years," he argued.
The court's decision is a temporary victory for Ng'ang'a in the case likely to go to trial later this year. If Ng'ang'a is successful at trial, he will retain ownership of the land.
If Kenya Railways emerges triumphant, Ng'ang'a will be ordered to vacate the property which the government claims is a railway reserve.
The outcome of the case could have implications for other landowners who are facing eviction from land believed to be railway reserves.
