Former ruling party Kanu will complete the sale of a parcel of land to a Chinese firm after the High Court gave it the nod to evict some 44 traders from the contested property.
Justice Dalmas Ohungo dismissed the case saying they (traders) signed a consent to leave the property in March.
The judge said arguments that they will suffer hardship if evicted or that they intended to purchase the property were neither here nor there.
Kanu had told the court that it sold the land to Shanghai Engineering and it was required to give the purchaser the suit property on August 25, 2020.
It added that failure to transfer the property would amount to a breach of the agreement causing it loss of a significant amount of money, which was not disclosed.
"The plaintiffs have not established any collusion, misrepresentation or any reason which would warrant setting aside the contract comprised in the consent," Justice Ohungo said.
The traders, who claimed to be members of the party, moved to court in July 2019, arguing that the suit property is for the use and benefit of the party members.
Led by Mr Samuel Njogu Kamotho, they said that they had entered into various lease agreements with Kanu through its Naivasha branch officials.
After leasing spaces, they constructed butcheries, shops, toilets and stalls.
They said contrary to those arrangements, Kanu national officials secretly commenced negotiations to sell the suit property.
The traders told the court that they were ready to pool resources to buy the property in about three years and in the meantime to pay rent.
Regarding the consent they signed, they told the court that their lawyer went beyond what they agreed.
"They must face the consequences of a contract freely entered into. I do not see any sense in which the consent can be said to be against public policy. Equally, their suggestion that they intend to amend the plaint is not of any help," the judge said.
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