Kenya Railways Corporation has been barred from demolishing a Ksh 400 million supermarket in Bungoma which the agency claimed was built on public land.
The High Court, on Friday, March 12, further cautioned the agency from trespassing in Shariff's Centre shopping mall which houses the supermarket, pending a determination of the case.
The judge will set a date for the ruling, with both sides given ample time to table their evidence and relevant documents in court.
The mall's owner, Naz Shariffs, rushed to court to secure the orders against the authority which demolished a hospital, popular hotel, and other businesses opposite the Bungoma County Assembly in February 2021.
On the very day, traders at the mall were forced to hurriedly salvage their property after the building was marked for demolition.
Businessman Shariffs said that he had a 99-year legal lease granted by the Ministry of Lands.
“We don’t really understand why they would rush to demolish our premises. Without notice, they want to bring our property down yet we have a proper agreement and documents,” Shariffs lamented.
KR defended its move saying that the ongoing exercise was part of its land reclamation process and that it had issued notices to all encroachers in December 2020. The agency is rehabilitating metre gauge railway lines across the country.
“We are revitalising the metre gauge railway line to enhance its accessibility and functionality, a process which will upscale the lines’ contribution to national growth,” KR chairman Pastor Awitta said.
“By revamping the section of the metre gauge railway line leading to the western region, we are looking to link it with the standard gauge to provide a seamless connection between the Port of Mombasa and Lake Victoria in Kisumu and also main border point with neighbouring Uganda at Malaba,” he added.
