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