High Court judge stops Ruai evictions as 3,000 squatters fight for their land

January 1st, 2013

The High Court yesterday issued orders stopping the eviction of more than 3,000 people from Ruai in Embakasi, Nairobi county. Judge Pauline Nyamweya further restrained four people and a company from carrying out any activity in the property until the case is heard and determined.

Through lawyer Julius Juma, the 3,000 squatters said the application was urgent and it was necessary that it be heard when the court is on vacation.The court has been in Christmas vacation from December 21 to January 13.

In an affidavit sworn by Abdi Fugicha and 20 others on behalf of the 1,000 people of Kamunyonge squatters, Juma said Customs Homes Holdings, James Gitundu, Edwin Gitundu, Catherine Kigotho and Eric Njenga were quietly possessing the more than 1,600 acres of land while there was a case in court over the land.

Fugicha said they have occupied the land for the last 14 years without interruption and want the judge stop any eviction. He said James and Edwin Gitundu, Kigotho, Njenga and Customs Homes Holdings through their agents including servants and contractors had embarked on a demolition of their structures in total disregard of the court.”The defendants intend to evict us and we pray that this court restrains them,” Fugicha said. He said in the interest of justice so that their property is not damaged, the court should protect them.

Fugicha said they are former employees of Embakasi Ranching Company and on September 14, 1999, in an ordinary monthly meeting of the City Council of Nairobi on September 14, 1999 it was decided that they be settled on the parcel of land.

Issuing the order at the High Court in Milimani, Nairobi, Nyamweya directed that the case be mentioned before Judge John Mutungi on January 28 preceding hearing.

On December 18, 2013, a group of armed youths accompanied by more than 400 police officers and bulldozers demolished structures on the 1,600 hectares to pave way for a few private developers.

Ruai Officer Commanding Station Kepha Getembe has been accused by the settlers of siding with James and Edwin Gitundu, Kigotho, Njenga and Customs Homes Holdings.But speaking to the Star, Getembe said the were just at the site on normal patrol and not supervising the eviction.

 

Source: The Star

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