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Bulldozers Descend on Palatial Homes in Mavoko After Ruto Gives Green Light

Martin Olage Oct 14, 2023

The process of demolishing numerous unlawfully constructed homes, schools, and churches on the East African Portland Cement property in the Mavoko sub-county commenced in full force on Friday afternoon.

This followed President William Ruto's declaration that individuals who had illegally seized the land would be expelled. Speaking during the inauguration of a new pharmaceutical company situated within the Export Processing Zone (EPZ), President Ruto affirmed the government’s resolve to expand the EPZ Zone by overcoming concrete land conflicts. President Ruto assured that swift action would be taken to remove the criminal occupants from the land, and announced the government's intentions to purchase a section of the land to generate new jobs, following the striking down of a decade-long land-grabbing case. On October 9, 2023, Lady Justice A. Nyukuri dismissed the plaintiff's case and ordered them to pay the defendant's legal costs.

LR.No 10424, which spans around 4,298 acres of land located south of Athi River Township in Machakos County and stretching along Mombasa Road, has been the subject of dispute. This issue occurred after intruders started occupying the land, following the gradual discontinuance of the cement producer's mining occupations about a decade ago. Through ELC case No.74 of 2014 and Petition No.10 of 2018, individuals affiliated with the Aimi Ma Lukenya Society legally challenged the cement producer, EAPCC. The purpose of this litigation was to acquire a declaration of ownership along with a long-term inhibition to restrict the cement producer's distribution of the land until the court deliberates on the issue.

According to court documents, there was an alleged forgery involving a title deed bearing entry No. 7, which the society in question claimed transferred the land to them back in May 1980. However, investigations reveal that the said society, named Aimi Ma Lukenya Society, was not officially registered and appeared on record only on September 25, 2014. The judge presiding over the case stated that the claimant had not followed through with the court's order of May 17, 2023 – this involved ensuring physical delivery of the new pleadings to all the defendants within 21 days, as ordered.

The judge had previously warned the plaintiff that failing to do so would result in the case being struck out. The land along Mombasa Road was barricaded by police officers, preventing homeowners from accessing their properties. From a distance, these homeowners observed their properties being demolished, while temporary structures remained in place.

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