A section of traders
in Nanyuki, Laikipia county have sought a court order restraining Kenya
Railways Corporation from reclaiming parcels of land adjacent to the Nanyuki
terminus.
The 11 applicants have moved to the Nyeri Environment and
Land High court seeking that the application be certified as urgent, to
block their removal from the land claimed by the Kenya Railway.
The applicants have listed the corporation as the respondent and the National Lands
Commission (NLC) an interested party in
a suit before Justice Mary Oundo.
The traders led by Stephen Muthami Mbau have sought for a temporary injunction restraining
the Corporation from entering, claiming, occupying, fencing off, blocking
access of the properties, using the properties and buildings, pending the
hearing and determination of the application.
The parcels of land
listed by the petitioners include Nanyuki Municipality LR NO.2787/130 (Block
8/609), Nanyuki Municipality Block 8/615 and 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
2787/138 (Block 8/617), Nanyuki Municipality Block 8/608, Nanyuki Municipality
Block 8/610 and Nanyuki Municipality Block 8/613.
“In the meantime,
there shall be status quo maintained as at the time of filing this application
in that there shall not be any acts committed on the suit land that would
interfere with the access, occupation and use of the suit properties pending
the hearing and determination of this application,” Lady Justice
Oundo issued the order on July 8, 2020.
She further ordered
that the parties file their submissions within 21 days.
The matter will be mentioned before the Judge on
October 1 for the purpose of confirming
compliance, awaiting fixing of a hearing date.
In the past three months, National Youth Service have been rehabilitating the Nanyuki- Thika railway line where traders in many of the sections including Chaka and Karatina were relocated.
