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Counties

330 civil servants lose bid to suspend their eviction

Shauri Moyo estate
City council houses in Shauri Moyo estate, Nairobi. FILE PHOTO | NMG 

More than 330 civil servants have lost their fresh bid to stop their second eviction from government houses in Shauri Moyo and Starehe pending hearing of appeal against a High Court case.

Justice Wilfrida Okwany dismissed an application seeking to stop their eviction pending appeal against High Court decision in May which rejected their suit to block the Ministry of Lands and Housing from evicting them to pave way for the construction of the new 7,000 housing units.

The group, led by Justus Muthumbi and Timothy Wanyanga, wanted the government to give them alternative houses before their current dwellings are demolished. They said they have been residing in the low-cost houses, paying monthly rent of between Sh3,000 and Sh5,000 for long.

“My finding is that the applicants did not prove that they stand to suffer substantial loss if the stay is not granted. The applicants did not demonstrate that they are not able to secure alternative accommodation for themselves,” ruled Justice Okwany.

The Judge noted that the relationship between the civil servants and the government is like landlord and tenant, adding that a tenant cannot stop the landlord from taking over its building to carryout construction as long as adequate notice has been given.

The civil servants accused the ministry and the Inspector General of Police of harassing them to leave the houses yet they had nowhere to move to.

They also claimed the government had failed to involve them in the housing plans and that there was no indication that they would be allocated the new houses.

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