Kenya Power has been allowed to evict more than 100 residents of Kayole estate in Nairobi’s Eastlands area after it won a way-leave court battle.
Justice Ogutu Mboya said the members of the Komarock Youth Jua-kali Artisan Association had encroached on the 10-acre parcel and did not own it.
The residents claimed that they were settled on the land in 1999 by former Embakasi MP David Mwenje and got registration documents from the defunct Nairobi city council.
They wanted the court to stop the power utility firm from evicting them from the land and be compensated for illegal eviction.
The Environment and Land court judge said the residents did not produce letters of allotment to the land or tendered evidence to back their claims.
“Consequently and in the premises, I come to the conclusion that the Plaintiffs herein have neither established nor proved any legal basis to warrant the grant of an order of Permanent Injunction,” the judge said.
The youth group said the land belonged to them and have set up assorted workshops and light industries, where they derive income and by extension a living.
They argued the decision to evict them and demolish their permanent structures was a violation of their rights against equality and discrimination.
They moved to court in 2019 when Kenya Power threatened to evict and demolish their houses and business because they were interfering with the electric cables and by extension posing a threat to the electric supply.
The power utility firm said there was interference with the 132KV Kamburu-Juja Lane electricity line and after investigation, discovered that there was extensive encroachment onto the wayleave corridor as structures had been constructed beneath the power cables.
The court heard that the residents were then issued with a notice to quit the land.
“As pertains to the subject matter, it would be recalled that the court has since found and held that the Plaintiffs herein do not have any lawful title to and over the suit property,” Justice Mboya said.
There are other cases pending in court filed by residents of Saika Estate, Omega, Daylight, Chemichemi and Mwengenye area in Kayole, seeking to block KPLC from evicting them.
