City sues KDF for block­ing key Mi­hang’o Road, lo­cals an­gry

County says block­ing road causes res­i­dents un­told suf­fer­ing , in­se­cu­rity and de­nial of ac­cess to ba­sic rights, such as schools, health and busi­ness cen­tres

The Star (Kenya) - - Politics Judiciary - JILLO KADIDA @ jka­dida

The Nairobi gov­ern­ment has sued the Kenya De­fence Forces and De­fence min­istry for what it calls the il­le­gal takeover of the Mi­hang’o Road link.

The county wants the courts to in­ter­vene and stop KDF from dig­ging a trench along the road. It also seeks an or­der com­pelling KDF to re­call its of­fi­cers, who have been de­ployed along the road.

The county moved to court to pro­tect the in­ter­ests of Kay­ole and Mi­hang’o res­i­dents, who have been us­ing the road for 30 years but now have been de­nied ac­cess.

THE ONLY ROAD

This is the only road the res­i­dents of the two es­tates use to ac­cess the city cen­tre. the only al­ter­na­tive route is the Eastern By­pass, which means they have to travel an ex­tra 20km daily to get to the city.

Ac­cord­ing to court doc­u­ments, KDF started dig­ging a trench across the link on Oc­to­ber 24 with­out pub­lic par­tic­i­pa­tion, a vi­o­la­tion of le­git­i­mate ex­pec­ta­tions of the res­i­dents.

KDF’s ac­tion also de­prives the res­i­dents the right to use the road. The county said the link falls un­der roads to be ex­clu­sively man­aged by the de­volved unit.

“The re­spon­dents, in ut­ter abuse of their pow­ers, have also through their armed sol­diers re­strained ap­pli­cant’s [county gov­ern­ment’s] con­struc­tors from fur­ther per­form­ing its func­tion of main­tain­ing a county road, in vi­o­la­tion of prin­ci­ples of de­vo­lu­tion and sep­a­ra­tion of pow­ers,” read the suit pa­pers.

The county says unless the or­ders sought are granted, res­i­dents will con­tinue be­ing ex­posed to un­told suf­fer­ing, in­se­cu­rity and de­nial of ac­cess to ba­sic rights such as schools, health and busi­ness cen­tres.

/ FILE

Pres­i­dent Uhuru Kenyatta in­spects a guard of honour mounted by the Kenya De­fence Forces dur­ing KDF Day at the 3KR Lanet, Nakuru, in 2014

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