A private developer, Kasarani Mall Limited, has suffered a major setback after High Court Judge George Odunga stopped their planned eviction of settlers in a piece of land owned by the Kenya Defence Forces (KDF).
The 40-acre piece of land has been occupied by nearly 1000 squatters since KDF has failed to occupy the land since 1984 when it was purchased.
The land ownership was later fraudulently transferred to private developers.
The mall company is claiming ownership of the land that is valued at over Sh2 Billion.
In their plans to build a mega shopping mall on the land, the company sought the help of police to supervise the eviction of the current occupiers.
Representatives of the squatters moved to court and sued the Attorney-General and the Inspector-General of Police over the eviction without a notice.
Upon hearing the matter, Justice Odunga noted that the families who have been residing on the land for over 30 years will suffer if the eviction was carried out given that the community has built shops, residential houses, churches and schools.
“Eviction of the 1,000 families dubbed squatters will contravene their constitutional rights,” Odunga ruled adding that the eviction would be suspended until the matter is fully heard and determined.
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