The Environment and Land Court in Busia County has issued conservatory orders stopping the ongoing demolitions by the County Government of Busia, which had caused loss and panic to residents and traders in the border town of Malaba.
The developments followed Busia Senator Okiya Omtatah's move to court seeking orders to suspend the demolitions.
In this case, Omtatah had argued that the demolitions by the county government, which sought to do an urban reorganisation of Malaba town, were being undertaken without public participation.
"Pending the hearing and determination of this petition, the respondents, whether by themselves, their agents, advocates, or any other persons, are hereby restrained by a conservatory order from engaging in the alleged reorganisation of Malaba Town, including demolishing structures in the Customs, Main Stage, and Kocholya areas, purportedly built on road reserves and public land," Justice Boaz Olao ruled.
The devolved unit was undertaking the demolitions over claims that the residents had erected unauthorised structures at the main customs stages, Kocholya and other adjacent areas on public and road reserves.
Omtatah welcomed the ruling, describing it as a major victory for the rule of law, maintaining that the county did not do proper public participation before embarking on the exercise.
''This ruling is a major victory for the rule of law, for constitutionalism, and most importantly, for the hardworking men and women of Malaba who were being subjected to arbitrary and unprocedural actions that threatened their livelihoods," Omtatah said.
Adding that: ''No land audits were conducted, information was withheld, and due process was ignored; yet these are the minimum standards required when dealing with public land and people’s livelihoods.''
Omtatah has urged the County Government of Busia to immediately comply with the Court order, warning that any continued demolitions or harassment of traders will amount to contempt of court.
At the same time, the outspoken Senator urged all parties to embrace dialogue, proper planning, and meaningful public participation, pointing out that he desires an orderly and well-planned Malaba Town, but such development must follow the Constitution.
However, on the other hand, Busia County, through the Malaba Municipality, told the court they conducted public participation before undertaking the exercise.
The developments came just moments after the Environment and Land Court on Monday issued temporary conservatory orders stopping another demolition and planned eviction of Makongeni residents in Nairobi.
The government had ordered residents of the area to vacate their premises by December 2 to pave the way for the affordable housing project, with the Law Society of Kenya among the lobby groups opposing the demolitions.
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