Bid to pull down city houses halted

About 1,800 members of Uungani Self Help Group with property in Syokimau can afford to sleep after a court halted further demolition of houses.

Lady Justice Martha Koome said the applicants had shown their interests had been infringed by the action of State agents. (Read: Orengo blames MPs for land fraud)

“After hearing submissions by counsel for the applicants and upon reading the documents filed in court I’m satisfied this case is urgent given the recent developments,” ruled Justice Koome.

She also ordered KAA and its agents to stop demolishing the houses and other structures built on the 1,000-acre land.

She directed officials of Uungani, Messrs Wambua Mila, Elijah Runo and Charles Agutu to serve KAA with the court documents filed under a certificate of urgency.

The applicants told the court that KAA had been frustrating court efforts to try the case which was filed seven years.

“It is clear from the conduct of KAA it does not want this case to proceed. It had been listed for hearing in October 2011 but KAA applied for adjournment to enable it furnish the court with a list of its witnesses and also file its statements,” lawyer Meshack Obura for Uungani told Justice Koome.

Adjournment fee

KAA, he said, declined to pay an adjournment fee of Sh1,000 and was cited for contempt.

He said the move by KAA was geared to ensuring that the case did not proceed to enable it further “ its sinister motive.”

“KAA frustrated the trial of this case to enable it carry out the illegal demolition it total breach of the applicants constitutional rights to decent habitation,” the court heard.

Mr Obura, who is teaming with Ms Violet Baraza for Uungani, further told the judge not to allow KAA’s lawyer Ibrahim Mwangi to address the court before he purges the contempt by paying the Sh1,000.

He urged the court to allow the applicants prayer for a temporary injunction of further demolition to the property.

Mr Mwangi told the court the demolition was carried out by officials of the Ministry of Internal Security.

He said the property belongs to KAA and that the Jomo Kenyatta International Airport requires security

The judge heard there was a Cabinet decision to carry out the demolition to protect the airport from possible terror attacks.

In his affidavit to support the case by Uungani, Mr Mila says KAA filed a case in 2004 seeking orders to block them encroaching on the land.

KAA obtained orders blocking Uungani from entering the land in May, 2004.

The orders were issued by Justice Kihara Kariuki and served upon the defendants.

On Wednesday, Justice Koome fixed the case for hearing November 30, 2011.