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.