Unknown people on Monday night demolished a contested residential house at Milimani estate in Kakamega town despite a court order barring its destruction.
The house registered under the name of Lucas Nandih Shamalla was descended upon at night by people who caused extensive damage to the building.
“They entered through the fence and started vandalising the house before they left through the gate,” said Wahida Omar, the caretaker who was present during the demolition.
They made sure they did proper damage, she added.
Justice DO Ohungo of the Environment and Land Court in Kakamega issued injunctive orders on October 11, 2023 restraining the government from interfering with or taking possession of the property pending hearing and determination of a suit filed by Shamalla.
“Pending the hearing and determination of this suit, this honourable court grants an order of temporary injunction restraining the respondents whether by themselves, their employees, proxies servants, agents or any other persons acting under their authority from disposing, selling, advertising for sale, auctioning, trespassing, occupying, entering upon, remaining thereon, constructing or carrying on with construction of any structure(s), buildings, fence, perimeter wall, or from howsoever interfering with the plaintiffs possession, occupation or proprietorship of all that parcel of land known as Kakamega MUNICIPALITY /block III/241, in Kakamega County registered in the name of Lucas Nandih Shamala,” the order reads.
"For avoidance of doubt, the orders herein are not to be used to evict any person.”
In the suit, Shamalla has named the Interior and Coordination of National Government PS, Regional Commissioner Western and the Attorney General as respondents.
In his supporting affidavit, Shamalla says that he purchased the suit property from Peter Raburu, the original allottee from the government, in February 1996 and paid stamp duty and all other related costs for the issuance of title in his name.
He says he sold the land on August 7, 2019 to Esmael Mohamed Jibril (deceased) and handed over the vacant property to Jibril and IBADO Estates Limited upon completion of payment of the purchase price.
Shamalla says that he stayed in possession and ownership of the suit property for over 20 years until August 7, 2019.
In his notice of motion, Shamalla said that there was existing a suit before the same court, being Kakamega ELC Suit No. 002/2023, where the EACC has sued him and three others to determine the true ownership of the suit property.