Plan by the independence political party Kanu to evict traders occupying a parcel of land it sold to a private developer in Naivasha has received a blow after a court declined to grant an order for eviction.
The party had sought the eviction of the traders in a case filed by its 44 ‘members’ challenging the sale pending determination.
But Justice Dalmas Ohungo dismissed the application on grounds that eviction is an order akin to a mandatory injunction since both tend to prematurely determine a dispute.
Plan by the independence political party Kanu to evict traders occupying a parcel of land it sold to a private developer in Naivasha has received a blow after a court declined to grant an order for eviction.
The party had sought the eviction of the traders in a case filed by its 44 ‘members’ challenging the sale pending determination.
But Justice Dalmas Ohungo dismissed the application on grounds that eviction is an order akin to a mandatory injunction since both tend to prematurely determine a dispute.
He said the application by Kanu was bound to scuttle the hearing of the case.
Justice Ohungo ruled that mandatory injunction or eviction should never be granted at an interlocutory stage in the absence of special circumstances, which make the case clear and fit for decision at once.
He said a perusal of the sale agreement between Kanu and the land buyer Shanghai Engineering Company (K) Limited was entered on August 26, 2019, during the life of an interim injunction that stopped the disposal of the property.
“The order specifically restrained the defendant (Kanu) from entering into any agreement for the sale of the suit property. Clearly, the sale agreement dated August 26, 2019, is a violation of the interim orders.
“The applicant now has the temerity to seek the court’s aid to evict the plaintiffs in pursuance of an agreement entered into in violation of the law,” said Justice Ohungo.
He said no court would lend its aid to a litigant in such an endeavour.
Kanu secretary-general Nick Salat had told the court that it had sold the land to Shanghai Engineering and it was required to give the purchaser the suit property on August 25, 2020.
He said failure to do so would amount to a breach of the agreement and would occasion it a loss of a significant amount of money, which he did not disclose.
Mr Salat argued that the party should therefore be allowed to enjoy vacant possession of its property since the plaintiffs are mere trespassers.
The 44 people, 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 Samuel Njogu Kamotho, the plaintiffs said they had entered into various lease agreements with Kanu through its Naivasha branch officials.
They said after leasing spaces within the suit property, they constructed butcheries, shops, toilets and stalls and for which they pay monthly rent as well as a one-off payment.
They said contrary to those arrangements, Kanu national officials secretly commenced negotiations to sell the suit property.
Mr Kamotho added that he and the other plaintiffs had invested huge sums of money in the business facilities with the approval of the political party.
Further, said the 44 litigants, they run the risk of their investments being pulled down at huge financial losses to them.
They attached copies of membership cards, lease certificate, and agreements as well as some photographs.
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