Kenya: Judge Orders 200 Squatters Evicted

The fate of about 200 families squatting on a disputed property in Mshomoroni was sealed yesterday after the court ordered they be evicted. There was tension in court after representatives of the squatters heard Justice Jackton Ojwang’s ruling.

This ends the long and protracted battle between the squatters and a developer trading under the name of Trade Plus International Limited. There have been running battles, riots and demonstrations leading to injuries of both protesters and the police. Justice Ojwang‘ ruled that the squatters had settled on the plot illegally.

The squatters, who had constructed make shift structures, were also denied the opportunity to get humanitarian support to construct temporary tents, portable toilets and bathrooms.

In their suit filed in an affidavit signed by Charo wa Yaa they had wanted humanitarian aid to safeguard their rights to accessible, adequate housing and to have reasonable standards of sanitation until the case is resolved.

The squatters filed two separate cases against Trade Plus International Limited, Attorney General and had been issued with injunction orders baring their eviction.

However, Trade Plus challenged the orders through lawyer Mohammed Garane, saying there was non-disclosure of facts, and that the land was legally acquired from the Kenya Ports Authority Pension Scheme.

Relevant Links
East Africa
Kenya
Legal Affairs
Urban Issues
Sustainable Development
The court later ruled that the status quo be maintained over the plot and that no party interferes with it pending the hearing and determination of the case.

The judge noted that the squatters were claiming possession of the land and after their request was dismissed, they were barred from interference. But they invaded the property and constructed houses after their old ones were pulled down.

Ojwang said: „Any eviction through a lawful court order has a mandatory effect, the petitioners are not expected to come pleading that they are still in possession of this suit property.“

Their lawyer, Steve Kithi, had submitted that the government was the ultimate custodian and owner of all the lan

http://squatworld.blogsport.de/2011/05/19/kenya-judge-orders-200-squatters-evicted/#more-461