20 ‘homeless’ families sue Nairobi tycoon over Kayole demolitions


Demolition at Nyama Villa estate
Demolition at Nyama Villa estate

In Summary

  • They argued that, had a notice of intended eviction been issued to them through the set out legal process, they would have lawfully resisted “the unlawful eviction.”
  • The applicants also stated that the eviction was carried out in the wee hours of the morning in darkness and without regard to the interest of children, women, and persons with disability.
  • The tenants’ claimed the demolitions carried out in December last year was done in spite of the hue and cry from tenants occupying some of the defendant’s premises.

Twenty families whose houses were demolished last month in Kayole have moved to court seeking compensation from Nairobi businessman Mike Maina under his company, Muthithi Investment Limited.

The victims argue that had a notice of intended eviction been issued to them through the set out legal process, they would have lawfully resisted “the unlawful eviction.”

The applicants also stated that the eviction was carried out in the wee hours of the morning in darkness and without regard to the interest of children, women, and persons with disability.

In an affidavit, the tenants’ claimed the demolitions carried out in December last year was done in spite of the hue and cry from tenants occupying some of the defendant’s premises, adding that a lot of property was stolen from them by residents.

“This honourable court do take up proceedings on compensation due to the applicant for the damage occasioned by the unlawful eviction conducted by the plaintiff from the suit property,” reads court papers.

The applicants argued that they are entitled to reasonable notice before an eviction is carried out, adding that the notice period must not be less than 3 months by law and personally served on the affected evictees or by notification.

“In this instance there was no notice served at all,” claimed the affected families.

They added that the sudden invasion of the property by Muthithi Investment Limited left some members without an opportunity to salvage their personal property and possessions and have, thus, been left homeless and suffered mental torture.

Similarly, they argued that their children and personal property were totally destroyed and more damage is still being done to other houses.

“In total disregard of the constitution rights of the children in the suit property, the plaintiff agents using bulldozers and earthmovers threw, scattered and damaged the children’s education materials and were thus left without access to education and shelter,’’ adds court papers.

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Story By Dzuya Walter
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