Kenya Railways Corporation has been granted the nod to demolish properties linked to businessman Sammy Boit arap Kogo, which the corporation claims was built on its land.
The corporation got the go-ahead after the Court of Appeal declined to suspend a decision it obtained in January, which ruled that the land was irregularly allocated to the businessman by the Commissioner of Lands in 1992.
The businessman submitted that agents of the corporation had moved into the premises and marked it for demolition.
Further, he said the corporation had given tenants 14 days to vacate the premises and he was apprehensive that he would lose more than Sh500 million if Kenya Railways is not stopped.
Justices Kathurima M’Inoti, Grace Ngenye and Abida Ali-Aroni said while it is not in contention that Mr Boit through his company Loki Developers will suffer loss and third parties will suffer economic prejudice, Kenya Railways had said it would compensate affected parties in case the businessman wins the appeal.
“In totality, we find that the applicant has failed to meet the threshold for the second limb, and therefore has failed to establish the twin principles for consideration in an application under rule 5(2) (b) of this Court’s Rules for grant of an order of stay of execution,” the judges said.
