High Court Gives AG 7 Days to Respond to an Application on Nairobi’s Muthurwa Estate Eviction Case
The Attorney General has been given a seven day ultimatum,by the high court, to respond to a long running petition on the eviction of alleged illegal settlers from Muthurwa estate located in Nairobi, following an application that was made to the court concerning the matter
The case involved a protracted hearing centered on a suit concerning land ownership and the right to housing. It involves 12 petitioners representing Muthurwa residents against the Retirement Benefits Scheme,the Kenya Railway Corporation and the Attorney General, with lawyer Cecil Miller representing the first respondent.
The key ground of the application include;
· A court order that issued on January 6, 2016 directing petitioners to vacate the premises.
· A claim by the first respondents that they are acting in compliance to the judgement.
· An assertion for police involvement to maintain law and order.
Lawyer Cecil Miller, representing the Registered Trustee of the Kenya Railways Staff Retirement Benefits Scheme, appeared in court today before Justice Lawrence Mugambi, was surprised that the state’s lawyer was unaware of a ruling in the case that’s been outstanding for nearly four years.
Miller told the court that he was ready to serve the application and urged the court to give a ruling date pointing out that the dispute was old and that its urgency required an urgent determination.
The application in question sought orders against Kenya Railways Corporation from facilitating the eviction of the alleged illegal settlers in Muthurwa
According to court documents, Former High Court Judge Isaac Lenaola had issued an order directing that the petitioners should vacate the estate. However the court was told that the action had been stalled following the decline of Commandant of the Kenya Railways Police to facilitate the exercise.
Miller told the court that the trustees were in the process of vacating the alleged illegal settlers from the estate, however the lack of police support has rendered them unable to continue.
The application, states that unless the orders being sort are granted by the court, the commandant will not provide police assistance,which in turn frustrates the enforcement of the earlier order given by the court.
The court directed the Attorney General to file a response on the matter within seven days and ordered that the parties involved appear in court on February 16 to fix a ruling date.
The matter will be mentioned on February 16 to confirm compliance and set a ruling date.
