Court declines to stop Mavoko demolitions

By Peter Ochieng 

The Environment and Lands Court in Machakos on Thursday dismissed an application seeking orders to stop the ongoing eviction and demolitions on the East African Portland Cement land in Machakos County.

The application was made by the Aimi Ma Lukenya Society. In her ruling, Lady Justice Annette Nyukuri said the application did not meet the merit to warrant the sought injunction orders.

"Section seven of the civil procedure act bars a court from trying a suit for an issue that has been tried in a former suit involving the same parties or in a competent court and where the decision made was final," she ruled.

"Having considered the evidence on records and looking at the issues raised by the respondent, I'm not persuaded. The applicant's claims that they purchased the contested property hasn't been supported by any evidence," she added.

She said in her ruling that the applicants went as far as presenting a fake title deed in court.

The decision means the demolitions which have been going on for a week will continue.

Speaking in Kisumu on Wednesday, Twalib Mbarak, Ethics and Anti-Corruption Commission (EACC) Chief Executive Officer said what is happening in Mavoko, is a result of people being conned into purchasing grabbed land.

"That case is an issue of illegal allocation. It is an issue of people purporting to sell land and they were fraudsters. Please, don't take shortcuts when you are buying property," said Mbarak.

"When the deal is too good, think twice. Now we are trying to shift the blame back to the government but that thing is a proper court ruling that gave the ownership of the land back to the the East Africa Portland Cement."

The demolitions began last Friday after the High Court on October 9, 2023, declared the cement company the legitimate owner of the 4,298 acres of land.