Land Demolitions in Athi River: Land owners did not know the land was disputed

Background:

• The East African Portland Cement Company (EAPCC) has been in a legal dispute with home owners over land ownership.

• The contested land, situated on the Nairobi-Mombasa highway in Athi River South, covers over 4,298 hectares.

Scams and Land Warning:

• Some buyers were conned by fraudulent land-selling companies, and they paid relatively low prices compared to current market rates.

• Documents dating back to 2014 warned against investing in the disputed land.

• A letter from the Ministry of Lands in 2014 confirmed that the land legally belonged to EAPCC.

Court Decision:

• The Environment and Land Court recently ruled in favor of East African Portland Cement Company.

• The court dismissed the case brought by Aimi Ma Lukenya, citing the failure to serve amended pleadings to the defendants.

Lawsuit by Farmers Union:

• Aimi Ma Lukenya had originally sued East African Portland Cement for a declaration of ownership and sought a permanent injunction against the cement producer’s actions on the disputed land.

Temporary Injunction:

• In 2016, Aimi Ma Lukenya obtained a court order that temporarily prohibited East African Portland Cement from any activity on Land Reference Number 10424 until the matter was fully determined.

Outcome of the Case:

• Seven years after the initial order, Justice Annet Nyukuri ruled that Aimi Ma Lukenya failed to serve amended pleadings within the required three-week timeframe.

• The court had issued an earlier warning that the case would be dismissed if the plaintiffs failed to meet this requirement.

• The reasons for the plaintiff’s failure to file the pleadings within the stipulated timeline remain unclear.

• On October 9th, Justice Nyukuri ultimately struck out the case due to the plaintiff’s failure to comply with the court’s order

 

Fake Ownership Documents:

• The land was initially sold under the Aimi Ma Lukenya Society, which had its leadership and ownership change multiple times over the years.

• Homeowners used fake documents to secure bank loans and build their properties.

• Despite the court’s ownership ruling, there was no prior order for demolitions, which took place without notice.

• Aimi Ma Lukenya officials provided a document claiming ownership of County Estate, where demolitions were taking place.

• However, verification from the Ministry of Lands revealed that the document was not authentic.

• The document included a fake title deed with entry number 7, while Ministry of Lands records showed the last entry as Number 6.

Devastation and Losses:

• Many buyers invested significant amounts of money into developing the land they purchased.

• Several homeowners who secured loans to build their properties were left in financial distress.

• Over 5,000 homes, businesses, schools, and churches were affected by the demolitions.

• Parents of Grade Six candidates face uncertainty as their examination centers have been demolished.

Lack of Clarity:

• Local leaders and residents argue that the land should have reverted to the community after EAPCC finished mining activities.

• Despite pleas from leaders, including Machakos Governor Wavinya Ndeti and former Vice-President Kalonzo Musyoka, demolitions continue.

• Only former Governor Alfred Mutua called for investigations into the land sale, involving Ministry of Lands officers and elected leaders.

Crime Scene and Loss of Community:

• The area, once vibrant, is now a crime scene with criminals scavenging for scrap metals and salvaged items.

• Demolitions have transformed the once-thriving community into rubble, affecting businesses and schools.

• This unfortunate situation highlights the consequences of land scams and the suffering experienced by homeowners and businesses in Athi River due to the legal dispute and subsequent demolitions.