An Environment and Land Court in Nyeri has barred the Kenya Railways Corporation from repossessing several parcels of land adjacent to the Nanyuki railway terminus that it claims ownership.
Nyeri Environment and Land judge Justice Mary C. Oundo while issuing an ex parte (one party involved) order in a matter filed by Stephen Muthami Mbao, Virginia Wambui Wang’ombe and nine others certified it as urgent.
The ex-parte application that also lists the National Land Commission as an interested party in the suit filed by lawyer Thuku Mbaaru on behalf of the 11petitioners seeks to bar the corporation from claiming ownership and repossessing the eight parcels of land pending the hearing and determination of the case.
Kenya Railways was barred from entering, claiming, occupying, fencing off, blocking, demolishing and using of the petitioner’s property and the buildings thereon until the matter is determined.
The parcels include Nanyuki Municipality LR No. 2787/130 (block 8/609), Nanyuki Municipality block 8/615, Nanyuki Municipality LR No. 2787/135 (block 8/616), Nanyuki Municipality block 8/1085, Nanyuki Municipality block 8/682, Nanyuki Municipality block 8/631, Nanyuki Municipality LR No. 2787 (block 8/617), Nanyuki Municipality block 8/608, Nanyuki Municipality block 8/699, Nanyuki Municipality LR No. 2787/131 (block 8/610), and Nanyuki Municipality block 8/613.
The court ordered the respondents to file their response within seven days upon service and thereafter, parties shall file their submissions within 21 days.
The matter comes up for mention on October 1, 2020.