Mutula Jnr faults court over ruling on Mavoko land case

Makueni Governor Mutula Kilonzo Jnr has faulted the court over its ruling on the East African Portland Cement land whose effect has seen homeowners lose millions following the demolition of their houses.

The Machakos Environment and Land Court on October 11 declared East African Portland Cement PLC the legitimate owner of land LR NO. 10424 located within Athi River in Mavoko, Machakos County.

Lady Justice A. Nyukuri struck out a consolidated Petition by Aimi Ma Lukenya Society filed in 2014 with costs to the defendant.

"It is hereby ordered that the Plaintiff's suit be and is hereby struck out with costs to the Defendant, a copy of the proceeding and today's ruling be supplied to the parties on payment of court fees,” Nyukuri ruled.

Justice Nyukuri faulted Plaintiffs for failing to physically serve amended pleadings to all Defendants within 21 days as ordered by the Court on May 17, 2023.

She said there were no reasons as to why the Plaintiff was unable to serve the documents to the Defendants as ordered considering they had been accommodated on various occasions being November 2022, March 2023 and May 2023.

But Governor Mutula observed that it was unfair for the court to reach such a verdict "for commercial expediency".

"In determining the Mavoko land saga, the Court should have considered public interest and the celebrated principle of “ innocent purchaser for value without notice”! These houses were not built overnight," he said in a statement on Tuesday posted on his X handle.

"It is simply not human to render so many people destitute for commercial expediency."

Tens of households have lost their homes constructed on the 4,298-acre piece of land.

Bulldozers descended on the land Friday last week and have been roaring ever since flattening all structures on the expansive land in the full glare of terror-struck owners.

Pleas from leaders for dialogue to be given precedent have done little to deter the government from enforcing the forceful evictions leaving homeowners stranded in the cold.

In the case filed ten years ago in legal suit No. 74 of 2014, individuals and officials of Aimi Ma Lukenya Society sought to be declared as rightful owners of the land they occupied.

Julius Mutie Mutua, Alex Kyalo Mutemi and Pascal Kiseli Basilo Mungui filed the suit as officials of Aimi Ma Lukenya Society.

East African Portland Cement Ltd, chief Lands registrar and Attorney General were listed as first, second and third defendants respectively.

The residents are said to have settled on the land after EAPC PLC finished its mining operations.

The demolitions come even as it emerged that former Machakos Governor Alfred Mutua had raised the red flag about the illegal sale of the Portland Cement land by what he termed as land grabbers.

Mutua wrote to the then Ethics and Anti-Corruption Commission CEO Halakhe Waqo on November 13, 2015, asking him to investigate the alleged illegal sale of the land.

"The land, leased to East African Portland Cement Company Limited, has started being grabbed, sub-divided and sold, without the knowledge of the East African Portland Cement Company Limited Board and my Government of Machakos," Mutua said.

He asked the EACC to probe several people involved in the illegal sale of the land including an area MP, officers in the Ministry of Lands, Nairobi, elected leaders and brokers.

"Many people, we suspect, have been conned. If this matter is not handled expeditiously, we fear that it may culminate in bloodshed," Mutua warned.

In a Facebook post on June 15, 2016, the East Africa Portland Cement Company also warned buyers from purchasing the land.

The company erected billboards warning the public against buying the land.

"Buyer Beware. None of the EAPCC properties listed are on sale. The public is advised to be wary of conmen going around taking money from unsuspecting Kenyans," the company said.

The land is located on both sides of Mombasa Road between Green Park and Daystar University.