Athi River home owners lose their houses after demolition by developer who claims the land

Dozens of families in Athi River will spend Christmas in the cold after a court cleared a private developer to pull down their multimillion-shilling homes.

The evictions were effected on disputed land LR. NO 12867/511 Mavoko after the Galot Industries Limited won the land dispute against residents at the Environment and Land court in Machakos. 

The land, according to court documents, was initially LR NO 12867R before it was compulsorily acquired by the government from original owners in 2009.

The original owner was Manchester Outfitters Limited. The government compulsorily acquired the land for the construction of the Kitengela interchange along the Athi River-Arusha highway. 

After the project’s completion, the land which hadn’t been utilised was acquired again by individuals and companies from the defunct Mavoko municipality.  Though allotment letters were given to the new individual owners, the titles were never processed.  The matter landed in court in 2014, culminating in the weekend demolitions.

According to court documents obtained by the Star, Galot Industries Limited in 2014 sued Rose Nyaga Njamba, Joash Ochieng, John Kimani Gitiya and Geofrey Were for unlawfully occupying the land the company claimed belonged to it. 

In April 2020, Justice AO Angote of Machakos Environment and Land court ruled in favour of Galot. The residents appealed and the eviction order was stayed  by Justice CG Mbogo sitting in Makueni, pending the full hearing and determination of the appeal.

On December 15, the court granted Galot permission to evict the home owners. Justice Mbogo sitting in Makueni also ordered the officer commanding Athi River police station to offer security to Anfield Auctioneers  while executing the evictions.

“Upon reading the notice of motion application dated 10/12/2020 and filed in court on 14/12/2020 and upon hearing counsel for the applicant, it is hereby ordered that an order be and is hereby issued authorising the officer commanding Athi river police station or any of his officers of the rank of inspector or above to accompany Anfield Auctioneers, maintain law and order during eviction at L.R NO 12867/511 situated in Mavoko municipality, Machakos county,”  the order issued by Justice Mbogo reads in part.

The application had been made by Martin M. Mwaniki Anfield.

The victims said they were woken up by roaring bulldozers at 4am.

Four high-end permanent houses were demolished including a popular bar and restaurant alongside several makeshift structures in the affected homes and at an upcoming shopping centre. 

A centre belonging to a non-governmental organisation, Doors of Hope, was also demolished.

The auctioneers gave the victims time to move their belongings from the houses before they were brought down. They included bedding, furniture, electronics, dogs, kitchenware, office equipment, farm produce, chickens and alcohol.

Most of the affected victims hired locals who helped them put the items in trucks, pick-ups and personal cars that ferried them to safety. Some were stranded and had nowhere to take their property.

There were neither injuries nor fatalities. But there were cases of looting by the residents.

Accusing the auctioneer of effecting the evictions without issuing eviction notices, the victims claimed their land dispute case with Galot was still on.  Elizabeth Waweru, one of the victims, said there was an upcoming mention in court slated for January 27.

They lost their four-bedroom house and bar and restaurant from which they earned their livelihood along other structures amounting to millions of shillings in the demolitions.

Waweru said their mother holds an allotment letter for the land. She acquired it in 1999 but settled in 2008.

She questioned how it was possible for the investor to get the land’s title deed in 2013 yet they acquired the same parcel earlier in 1999.

John Kimani, 76, was among the victims who lost their property worth millions of shillings to the demolitions. He said the court case was still pending.

Kimani, an ex-GSU officer, said he had lost all his savings and pensions to the evictions.

“I bought the land from a friend of mine who issued me with a title deed. I never suspected that I was duped since I found my other neighbours already occupying the land,” Kimani said.

He said he bought the land at Sh1.5 million from the friend who was then working with the defunct Mavoko Municipal Council.

Kimani said his demolished house worth Sh2.5 million, with a Sh1.5 million perimeter wall. He estimated his total loss at Sh7 million.

“I will be in the cold for the rest of my life since I am 76 years old now and don’t expect any job to build such a house and resettle,” Kimani said.

The victims called for government intervention to ensure they get justice.

Read the original article on the Star

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