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Executive House Estate Demolition
alma
#71 Posted : Thursday, May 22, 2014 2:59:51 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
The owners of Diamond Park have a way out of this mess.

Negotiate with Agriculture Secretary to buy the land from Kevevapi. Then sue the developers for giving them false title. The developers will then be forced to sue whoever sold the land to them. That way the owners keep their land and don't have to pay for the undeveloped land values.

Attempting to go to court and pretend that their titles are legal will only mean that one night when Sonko is at the Hague making movies, those bulldozers will come.

There is a way out. Take it.

No one wants to see such beautiful houses go, but they are illegal structures. Its just that they are not as poor as the Kalenjin fellows in Mau Forest.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
vky
#72 Posted : Thursday, May 22, 2014 3:18:59 PM
Rank: Member

Joined: 6/17/2010
Posts: 572
the entirety of a4's arguments are out of context, while it is prudent and necessary to enact clear laws that instruct on how idle govt. land should transition from the govt. to private developers or persons, the current situation with the kevevapi land presents because the mode in which the land transitioned from the govt. to individuals was irregular and illegal, the law in effect when the land was transferred was not followed as evidenced by the ndungu report and the apparent claims by kevevapi, what a4 is putting forth here is the 'ought' of the law while disregarding the actual law in place which should apply, you cannot use yet to be enacted legislation to ground your arguments.
procedure was not followed in this case and the whole thing remains an illegality, any other arguments are details and affected individuals should sue for compensation
'One headache for famous medieval holy people was that someone might murder you to acquire your body parts for the relics trade'
a4architect.com
#73 Posted : Thursday, May 22, 2014 3:23:31 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@vky, assuming its factual as you say that the allocation was illegal, is it then ok/fair for ministry of agric to demolish as opposed to other options such as compensation with other lands, occupation of the built up structures etc? Since we are both arguing from the info we see from the media and are not privy to detailed commissioner of lands transaction, my view is that other avenues of remedy whereby loss of capital and expenses is mitigated should have been put through.

From my point of view, other compensatory measures could have been carried out since ministry of agric has thousands of other lands around nairobi.

For a 3rd world country like ours to use bulldozers to crush much needed capital/resources looks unreasonable for me.
As Iron Sharpens Iron, So one Man Sharpens Another.
a4architect.com
#74 Posted : Thursday, May 22, 2014 3:35:28 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@vky, assuming its factual as you say that the allocation was illegal, is it then ok/fair for ministry of agric to demolish as opposed to other options such as compensation with other lands, occupation of the built up structures etc? Since we are both arguing from the info we see from the media and are not privy to detailed commissioner of lands transaction, my view is that other avenues of remedy whereby loss of capital and expenses is mitigated should have been put through.

From my point of view, other compensatory measures could have been carried out since ministry of agric has thousands of other lands around nairobi.

For a 3rd world country like ours to use bulldozers to crush much needed capital/resources looks unreasonable for me.

Maybe you can give us your 2 cents of solution we compare.

As Iron Sharpens Iron, So one Man Sharpens Another.
vky
#75 Posted : Thursday, May 22, 2014 3:41:28 PM
Rank: Member

Joined: 6/17/2010
Posts: 572
a4architect.com wrote:
@vky, assuming its factual as you say that the allocation was illegal, is it then ok/fair for ministry of agric to demolish as opposed to other options such as compensation with other lands, occupation of the built up structures etc? Since we are both arguing from the info we see from the media and are not privy to detailed commissioner of lands transaction, my view is that other avenues of remedy whereby loss of capital and expenses is mitigated should have been put through.

From my point of view, other compensatory measures could have been carried out since ministry of agric has thousands of other lands around nairobi.

For a 3rd world country like ours to use bulldozers to crush much needed capital/resources looks unreasonable for me.


to demolish or not will only depend on the needs of kevevapi, if they show that they need the land for immediate use to put up a research facility or whatever then demolish it is but if they don't foresee use of the land in the short to long term then no need for wasting the already put up resources but the developers should buy the land a fresh from kevevapi and pursue the irregular vendors who sold them the land initially for compensation. everyone on this earth has a price!
'One headache for famous medieval holy people was that someone might murder you to acquire your body parts for the relics trade'
a4architect.com
#76 Posted : Thursday, May 22, 2014 3:50:18 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@vky,assuming you are a decision maker for kevevapi, what would you advocate for in this case as the solution?
I personally would advocate for land compensation mechanism for kevevapi as compared to demolition.
As Iron Sharpens Iron, So one Man Sharpens Another.
vky
#77 Posted : Thursday, May 22, 2014 4:11:22 PM
Rank: Member

Joined: 6/17/2010
Posts: 572
a4architect.com wrote:
@vky,assuming you are a decision maker for kevevapi, what would you advocate for in this case as the solution?
I personally would advocate for land compensation mechanism for kevevapi as compared to demolition.


if i were to act for kevevapi i would establish if there was an immediate need for the land if there are none then i would propose that the developers buy the land from kevevapi but at the rates when the land was first alienated from govt. then charge a premium for every year of illegal occupation but if kevevapi were to need the land then everything has to come down
'One headache for famous medieval holy people was that someone might murder you to acquire your body parts for the relics trade'
a4architect.com
#78 Posted : Thursday, May 22, 2014 4:17:38 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
@vky, good judgement. Same here.
On whether kevevapi really have much use of the land, judging from the info in the media, how high do you think is the urgency for the land acquisition?
Fact is that ministry of agric has thousands of other idle land in same proximity to cbd as kevevapi.
Another fact is that ministry of agric is only licenced to carry out agric activities as opposed to real estate biz.

How would you judge the necessity to bring down the buildings by ministry of agric so as to get undeveloped land? Urgent, not necessary or moderate?

Unless maybe agric ministry had the intention of scaring the residents and putting them in position ready for serious compensation discussions, the demolitions were totally unnecessary.
As Iron Sharpens Iron, So one Man Sharpens Another.
a4architect.com
#79 Posted : Thursday, May 22, 2014 4:51:39 PM
Rank: Veteran

Joined: 1/4/2010
Posts: 1,668
Location: nairobi
just as we discussed, the kevevapi has agreed to sell the land to the buyers, hence a win win for all. Everyone goes home happy.
http://www.businessdaily...1/-/kwj2ey/-/index.html

This is what should have happened from the word go, an amicable arbitration process.
As Iron Sharpens Iron, So one Man Sharpens Another.
Ash Ock
#80 Posted : Thursday, May 22, 2014 5:08:57 PM
Rank: Member

Joined: 8/27/2010
Posts: 495
Location: Nairobi
a4architect.com wrote:
just as we discussed, the kevevapi has agreed to sell the land to the buyers, hence a win win for all. Everyone goes home happy.
http://www.businessdaily...1/-/kwj2ey/-/index.html

This is what should have happened from the word go, an amicable arbitration process.


That's a win?

From what I gathered in the linked article, the only winners are the three companies who were involved in the initial scam namely Sharjah Trading Co. Ltd, Rielco Co. Ltd and Samu Ltd.

The current bonafide buyers have to buy the land again at current market prices!
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