Court stops demolition of city estate
A tree brought down by heavy downpour on a house in Muthurwa Estate. Photo/FILE
What you need to know:
- Muthurwa tenants wanted the court to grant a temporary injunction against Kenya Railways Staff Retirements Benefit Scheme from flattening, evicting, terminating leases or tenancies, transferring or in any way interfering or alienating the houses in dispute.
The Kenya Railways Corporation, for the second time, has been stopped from pulling down houses in Nairobi’s Muthurwa Estate.
Lady Justice Mumbi Ngugi blocked the Kenya Railways Staff Retirements Benefit Scheme from demolishing the houses.
Muthurwa tenants wanted the court to grant a temporary injunction against Kenya Railways Staff Retirements Benefit Scheme from flattening, evicting, terminating leases or tenancies, transferring or in any way interfering or alienating the houses in dispute.
GOOD INTENTIONS
“While the court appreciates Kenya Railways’ good intentions of developing modern residential and commercial properties on the suit land, subject to compliance with all the necessary consents and recognising that the said developments cannot be undertaken while the tenants of Muthurwa Estate remain in occupation... the court cannot also overlook the fundamental rights of the tenants,” Justice Ngugi said.
“Eviction without a plan would increase homelessness and the court should prevent this as well as the right to dignity. Notices are not pinned on trees, at some point in time the tenants will have to move out...but when that time comes, that ought to be done in a humane manner,” she added.
