Court declines to overrule Kayole residents eviction

Demolition of houses at Nyama Villa estate in Kayole, Nairobi on December 18, 2018. FILE PHOTO | NMG

Scores of families whose houses were demolished at Nyama Villa in Kayole, Nairobi, in December over a property row have suffered a blow after a judge declined to grant orders stopping their eviction.

Instead, Justice Benard Eboso said he will deliver his ruling on March 21, after hearing from all parties. Some 23 home owners moved to court accusing businessman Mike Maina, through his Muthithi Investment, of destroying their property without giving them a notice. Through lawyer Ochieng Oduol, Mr Maina said he was the registered owner of the 8.143 hectares in Kayole and the property has been subject to several disputes.

Mr Oduol said the businessman obtained a lease from the defunct Nairobi City Council on February 5, 2001. He said all was well until 2004 when some trespassers entered the land and started subdividing it.

He said he filed a case and in May 2013 Justice John Mutungi ordered all occupants to vacate the land, failure to which an eviction order would be issued.

Aggrieved by the decision, the parties filed an appeal but failed to pursue the matter. Mr Oduol said nothing stops Muthithi Investment from evicting trespassers.

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