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Muthurwa estate tenants face eviction from Kenya Railways land


More than 350 tenants of Muthurwa Estate in Nairobi County will be evicted if they do not voluntarily leave by Saturday.

In a notice on September 18, the Kenya Railways Staff Retirement Benefits Scheme gave the tenants 24 hours to vacate the property.

“You are hereby notified to vacate the premises described above within 24 hours from September 18 at 5pm,” acting Chief Executive Officer Pharis Ngotho said.

EVICTION

“Be warned that this land belongs to the Kenya Railways Staff Retirement Benefits Scheme and we have no tenancy agreement with any occupants in the area. We shall take no responsibility for any loss incurred at the expiry of the time allocated.”

He said that in a December 18, 2015 ruling, the High Court declared persons living in the property, LR number 209/6502, are illegal occupants and asked them to leave by April 30, 2016.

An eviction order was subsequently published in one of the local dailies on April 21, 2016.

The eviction meant to pave way for the estate’s redevelopment has dragged since 2010.

The project is funded by Japan International Cooperation Agency (JICA), GIBB International, Nairobi City County and Kenya Urban Roads Authority (Kura).

HOMELESS

It was to affect 18 blocks in the estate, with the scheme providing 5.4 acres of the estate.

The residents opposed the move and sued the Kenya Railways Corporation, its staff retirement benefits scheme and the Attorney-General in October 2010, arguing that the eviction would render them homeless.

In December 2015, Justice Isaac Lenaola ordered the occupants to leave on or before April 30, 2016.

“It is uncontested that the scheme desires to demolish Muthurwa Estate and put up modern residential and commercial buildings. The scheme is not obliged to provide the residents with alternative housing,” he said.

“The occupants are hereby ordered to vacate the suit premises… in the terms set out in the judgment of August 25, 2013.”