10,000

Business Daily (Kenya) - - FRONT PAGE - Sam Kiplagat skipla­[email protected]­tion­media.com More than 10,000 fam­i­lies were af­fected in the de­mo­li­tion of Nyama Villa

FAM­ILY

mem­bers that were evicted from Kay­ole’s Nyama Villa

More than 10,000 fam­i­lies whose homes were de­mol­ished at Nyama Villa Es­tate in Kay­ole, Nairobi, in De­cem­ber, have moved to court seek­ing com­pen­sa­tion.

Through lawyer Har­ri­son Kinyan­jui, the fam­i­lies ac­cused Muthithi In­vest­ments Lim­ited of in­vad­ing their prop­erty, which Date the evic­tion or­der was is­sued, but which the fam­i­lies con­test

left them with­out an op­por­tu­nity to sal­vage their per­sonal prop­erty and pos­ses­sions. They said they were left home­less.

In doc­u­ments filed in court, the fam­i­lies said they were en­ti­tled to a rea­son­able no­tice be­fore the evic­tion was car­ried out. Other than com­pen­sa­tion, the fam­i­lies are also seek­ing sus­pen­sion of orders di­rect­ing their evic­tion.

Mr Kinyan­jui said in a sworn state­ment that no evic­tion could be car­ried out un­less a no­tice pe­riod of not less than three months is is­sued and per­son­ally served on the per­sons to be af­fected.

“No evic­tion no­tice was ever is­sued to us re­quir­ing us to va­cate the suit prop­erty. We have all along been aware that the suit is still pend­ing be­fore this court and no meet­ing had been con­vened by Muthithi to no­tify the fam­i­lies of the in­tended evic­tion,” read court doc­u­ments.

The houses were de­mol­ished in De­cem­ber last year after Muthithi In­vest­ments Ltd, owned by busi­ness­man Peter Maina, ob­tained a court or­der to evict the oc­cu­pants from the 20-acre plot. It is their case that the evic­tion pro­ce­dure as set out in the law was not fol­lowed and the pur­ported evic­tion or­der dated and is­sued on Sep­tem­ber 17 is null and void.

“Had such no­tice of in­tended evic­tion been is­sued to us, we would have law­fully re­sisted the un­law­ful evic­tion .... ” the pe­ti­tion reads.

The case will be heard on Jan­uary 15.

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