A Nairobi court on Tuesday ruled that businessman Mike Maina had not broken any laws when he commissioned demolitions of houses on his land in Nyama Villas in Kayole.
The demolitions had been suspended in December by Nairobi Governor Mike Sonko who also insulted Mr Maina after the two clashed.
A ruling read by Justice Bernard Eboso maintained that a 2014 judgement requiring tenants on the land to vacate was still in force.
Compensation
About 20 families whose houses were demolished in December 2018 in Kayole moved to court seeking compensation from Mr Maina.
In their arguments the victims argued that a notice of intended eviction should have been issued to them through the set out legal process.
They further maintained that the eviction happened in the wee hours of the morning without regard of children, women and persons with disability.
Through lawyer Harrison Kinyanjui, the families accused Muthithi Investments Limited of invading their property, which left them without an opportunity to salvage their personal property and possessions.
Eviction
Mr Kinyanjui said in a sworn statement that no eviction could be carried out unless a notice period of not less than three months is issued and personally served on the persons to be affected.
“No eviction notice was ever issued to us requiring us to vacate the suit property. We have all along been aware that the suit is still pending before this court and no meeting had been convened by Muthithi to notify the families of the intended eviction,” read court documents.
However, State House announced the suspension of demolitions of buildings across the country, giving relief to developers who have been hardest hit by a phased plan which had targeted thousands of properties amid a slowdown in the real estate sector.
