Machakos High Court dismisses plea to halt Mavoko demolitions

Machakos

Friday, October 20, 2023

KNA by Roselyne Kavoo

A Machakos High Court has declined to issue a temporary injunction to prevent the demolition of houses on a disputed piece of land belonging to the East Africa Portland Cement Company (EAPC) at Mavoko, Athi River sub-county.

Aimi ma Lukenya had made the application before Lady Justice Annette Nyukuri seeking the court to issue orders to halt the demolition.

Lady Justice Nyukuri sitting at the Environment and Lands court struck out the application on Thursday saying the case did not meet the merit to be granted such orders.

The court argued that the applicant failed to demonstrate that they will suffer irreparable injury that will not be compensated in damages if the injunction is not granted.

Lady Justice Nyukuri in the ruling also stated that the applicant failed to demonstrate whether the property in dispute is in danger of being wasted, damaged, or destroyed.

"I find and hold that the applicant has failed to demonstrate a prima facie case and therefore the question of whether there was an irreparable injury becomes moot. There is no merit in the application dated October 11 and I dismiss the same with costs to the defendants, “said the judge.

She further stated that the temporary injunction can only be granted if the title held by the applicant is valid.

The judge noted that the constitution limits protection to property that was lawfully acquired.

 "The title deed produced by the applicant was fraudulently acquired and should be canceled, “Justice Nyukuri said.

The demolitions started on Friday last week after the same court declared EAPC as the legal owner of the 4,298 acres of land

Courtesy; KNA