How Mavoko demolition victims can recover costs – Ahmednasir

"Come together as a group so that you can file a class action."

In Summary
  • The demolitions which started on Friday have gone on relentlessly despite calls from families and leaders to halt the exercise in place for dialogue.
  • Ahmednasir said the victims should identify the MP and politicians who sold them the land and get the lawyer who did the transaction as he is an accomplice.
Residents salvage valuables as a bulldozer demolishes a house on the disputed Portland land in Athi River on October 15, 2023.
Residents salvage valuables as a bulldozer demolishes a house on the disputed Portland land in Athi River on October 15, 2023.
Image: EZEKIEL AMING'A

Lawyer Ahmednasir Abdullahi has said victims of the Mavoko demolitions can still recover what they spent on constructing the homes.

Families have been left in the cold due to the ongoing demolitions on the East Africa Portland Cement land in Machakos County. 

The demolitions which started on Friday have gone on relentlessly despite calls from families and leaders to halt the exercise in place for dialogue.

But in a statement on Sunday, Senior Counsel Ahmednasir shown a ray of hope for the families after he listed five ways in which they can recoup what they spent on putting up the homes.

He said if the victims decide to file and pursue the case to recover their money, there is a very high chance of it being a success.

"All those who lost their investment in the Portland Cement saga can recover every penny they spent. First come together as a group so that you can file a class action, second compute all you spent on buying the land and building," he said.

Ahmednasir said the victims should identify the MP and politicians who sold them the land and get the lawyer who did the transaction as he is an accomplice.

The lawyer added that they should also consider getting a very good and honest lawyer.

"Your case is slam dunk!" he affrimed.

A luxurious house in ruins after demolition on the disputed Portland land in Athi River on October 15, 2023.
A luxurious house in ruins after demolition on the disputed Portland land in Athi River on October 15, 2023.
Image: EZEKIEL AMING'A

On Friday, bulldozers descended on dozens of homes at ‘Aimi ma Lukenya’ settlement scheme in Mavoko Constituency and demolished them in full glare of owners.

A court order issued indicated that the said disputed piece of land belongs to the Portland Cement and not the residents who had occupied it for years. 

On October 9, the Environment and Land Court in Machakos struck out a case that had been filed by ‘Aimi ma Lukenya’, who have been laying claim on the prime land measuring 4,298 acres.

Lady Justice A Nyukuri in her ruling noted that Aimi Ma Likenya had failed to serve their documents to the defendants as ordered by the court.

Leaders have come to the defence of Mavoko residents saying the demolitions are inhumane.

Azimio leader Raila Odinga condemned the demolitions of houses saying they have left many of the area residents vulnerable.

"People have been attacked in Mavoko, their houses have been demolished, churches have been demolished, schools have been demolished. The country is expecting heavy El Nino rains yet these people now lack a roof over their heads," Raila said. 

"That is an inhumane act and it was no one else but Ruto who gave the order to have the residents removed from the land. You unsettle people from a land they have occupied for so long, where should they go?" he posed.

Raila said if there is need to unsettle Kenyans from their land, the government ought to first give them alternative land to resettle. 

Wiper Party leader Kalonzo Musyoka on his part called for solidarity in standing with the people of Mavoko whose houses have been demolished. 

Kalonzo acknowledged that national exams like KCPE and KCSE are soon to begin yet some learners in Mavoko have no place to call home due to the demolitions. 

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