The High Court declined to issue a conservatory order stopping the Nairobi county government from dmolishing Woodley Estate.
In his ruling, Justice Mboya Ongutu said that events have overtaken the order sought by the petitioners, as the county government has brought down some houses.
Senior counsel Dr. Adrian Kamotho told the judge that the petitioners before the Court have not exhibited evidence to demonstrate that they are residents of Woodley Estate.
Dr Kamotho did submit that one of the petitioners, Pinto Okari has described himself as an advocate of the High Court without providing proof, saying a cross-check at the Law Society of Kenya is name does not appear among the lawyers known by the LSK.
He said that the court could be issuing an order to fictitious litigants.
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The Court was told that the county government has always engaged with known tenants in view of arriving at an amicable solution.
The Lawyer pointed out that the two petitioners claim to represent 41others whose identity is known nor have they exhibited evidence to prove their status.
The Court directed that the application and the petition, as filed by Dr John Khaminwa, be listed for hearing, and the court will endeavour to deliver the judgement after hearing all the parties.
