Before they moved to the suit land, the community was resident at Bella-Vue Village situated on Mombasa Road. They state that they were asked to leave Bella Vue and were assisted to move to Mitumba Village in 1992 by the then Nairobi Provincial Commissioner Mr Waiganjo, the then Chairman of the Nairobi City Commission, Mr Fred Gumo and the 2nd respondent. Upon their relocation, they put up their houses and businesses, as well as schools, churches and other social amenities at their new settlement. They have known Mitumba Village as their home and it forms the source of their livelihood, social life and education.

The inhabitants contend that over the years, they have unsuccessfully sought the indulgence of the 3rd respondent to issue them with title documents for the land on which their village was situate; that Mitu-Bell Welfare Society v Attorney General & 2 others[2013] eKLR the respondents have been aware that they were in occupation of the suit land; that they have been allocated funds from the Constituency Development Fund for the area, and their school has been allocated examination centre numbers by the Kenya National Examination Council.

The petitioners state that on 19th November 2011 and on another occasion thereafter (though the exact date is not indicated), the 2nd respondent demolished their houses in the said village. The demolition was carried out despite there being in force an order issued by Gacheche J on 22 September 2011 restraining the respondents from demolishing the village pending the hearing inter partes and determination of the application for conservatory orders.

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