- Steel metals are weighed and paid for per kilogram before they are loaded into waiting trucks and pickups. Households are also being traded on.
- Some Kenyans have equally turned the scene into idling grounds while others throng it with the intent of stealing from the victims.
Image: EZEKIEL AMING'A
There is a lot of confusion on East African Portland Cement PLC land as the ongoing demolitions get to the fifth day in Athi River, Machakos County.
The roaring of bulldozers despite bringing down tens of millionaires to paupers has equally posed opportunities to some citizens who have opened a 'black' market within the land LR NO: 10424.
A spot check by the Star early Tuesday established that various construction materials were being traded on.
The most valuable one that sells as gold is construction steel metal with several individuals operating 'open hardware and markets', they buy the items including second-hand iron sheets, water tanks, steel doors, gates and windows, and resale them immediately for profits.
Steel metals are weighed and paid for per kilogram before they are loaded into waiting trucks and pickups. Households are also being traded on.
The demolitions that started on Friday have seen County Village as it is called have a beehive of activities; demolitions, trade, police patrols, theft, and struggles by the victims to salvage their property especially households and construction materials alongside steel doors, windows, gates and livestock.
Some Kenyans have equally turned the scene into idling grounds while others throng it with the intent of stealing from the victims.
This reporter spotted a joint in Kitengela, Kajiado County where steel gates, doors and windows removed from the demolished structures had already been displayed and were on sale.
Several suspects were arrested for alleged theft after they were found in possession of items that were not theirs. Others were repulsed as they attempted to steal construction steel metals from the structures that had been pulled down by the bulldozers.
Daniel Mwangangi sought police intervention to secure his property salvaged from his rental apartment.
Image: /GEORGE OWITI
Mwangangi told the Star that goons had attempted to steal his metal doors, windows and gates before he sought for help from some of the officers patrolling the area to secure victims and their property as they equally keep guard on those effecting the demolitions.
"These youths want to steal my metal doors, windows and gates. These cops have saved me a lot," Mwangangi told the Star.
He said his property that was yet to be demolished cost him Sh18 million to construct.
He already had tenants who paid him Sh72,000 monthly accumulatively.
A police officer told the Star that the youths were members of an outlawed group.
"This is a gang belonging to an outlawed group, we are here to protect property owners from such criminals. They even attempted to vandalise this victim's property before we were called to help," he said.
Hundreds of pupils have been equally affected after their homes and schools were demolished.
The demolition beneficiaries include landlords and land ladies in Athi River, Kitengela, Mlolongo towns and their environs as victims troop in looking for houses to let. Most houses are apparently full.
The village was inhabited by thousands of Kenyans from all walks of life. Several victims had built posh homes out of their savings, loans, pensions and investments.
There are tears and agony among the victims, their family members and relatives majority saying their 'world' had ended.
The clergy have been equally hit hard after their churches were pulled down with some saying they had lost members. Sources told the Star that some of the men of the cloth led their 'flocks' to the land who also fell victims among others.
Some locals are now trading in open food joints owing to the high population and activities in the area.
Transport services are booming too with those in the business hiking charges.
Some victims said distances that were initially charged Sh5,000 before the demolitions are apparently Sh30,000. Several victims are unable to move their property from the scene of demolitions to their newfound homes hence being stranded. Others have resorted to selling their households at throwaway prices.
Image: EZEKIEL AMING'A
The demolitions are being effected after a ten-year court battle between the cement grinder, East African Portland Cement PLC and Aimi Ma Lukenya came to a close at Machakos ELC Court on October 9, 2023.
A Machakos High Court on October 9 declared East African Portland Cement PLC the legitimate owner of land LR NO. 10424 located within Athi River in Mavoko, Machakos County.
This follows a legal suit No. 74 of 2014 filed at Machakos ELC Court by some individuals, and officials of Aimi Ma Lukenya Society against the cement grinder on the said land’s ownership dispute in 2014.
The suit had been consolidated with Petition No. 10 of 2018 with Julius Mutie Mutua, Alex Kyalo Mutemi, Pascal Kiseli Basilo Mungui listed as plaintiffs suing as officials of Aimi Ma Lukenya Society and East African Portland Cement Ltd, chief Lands registrar and Attorney General as first, second and third defendants respectively.
Judge Lady Justice A. Nyukuri, sitting at Machakos ELC Court on Monday ruled that the Plaintiff suit stands dismissed and struck out with costs to the defendant.
“This matter coming up for mention, in the presence of Nekoye holding brief for Simiyu for Plaintiff, Tuusime holding brief for Mr. Sigei for 1st Defendant, Busuka 5th Defendant, Mwalozi for 2nd and 3rd defendant for Attorney General and in the absence of the Counsel for National Land Commission and upon hearing them,” Nyakuri ruled on October 9, 2023.
"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.”
The ruling comes after about 10 years of court battles between the company and the locals on the parcel of land’s ownership.
The 4,298 acres are located along Mombasa Road, South of Athi River Township in Machakos County.
The residents are said to have settled on the land after EAPC PLC finished its mining operations on it a decade ago.
The listed Plaintiffs had filed a case against EAPC PLC seeking the declaration of ownership and permanent injunction against EAPC PLC from dealing with the land until the matter was fully heard and determined by the Court.
In her ruling, Justice Nyukuri noted that the Plaintiff had failed to physically serve the amended pleadings to all the Defendants within 21 days as ordered by the Court on May 17, 2023.
She had cautioned the Plaintiffs that failure to do so would lead to striking out of the case.
On October 9, 2023, the matter was mentioned to confirm whether the Plaintiff had complied with the orders issued by the Court on May 17, 2023.
The Court determined that the Plaintiff had been accommodated on various occasions being November 2022, March 2023 and May 2023 and there were no reasons as to why the Plaintiff was not able to serve its documents to the Defendants as ordered.
The Judge held that Court Orders are not given as suggestions and therefore Plaintiffs suit stands struck out with costs to the Defendant.