Kenya Railways plays ping-pong with Shariffs Centre issue, as Court issues orders

When rumors’ started flying around in Sep 2020 about the impending demolition of structures erected on Kenya Railways Corporation (KR) land, the Shariffs family were not moved until 5^th February 2021 when they moved to court just in case KR chose to do the worst. By 22^nd February 2021 when the case came up for mention, KR had submitted no reply to shariffs’ application in relation to Shariffs Centre parcel No. BUNGOMA/MUNICIPALITY/608 that was issued on a Lease in 2007 for 99years from 1991.

The excavator nicknamed BAZENGA came roaring and pulling down structures on the night of 3^rd Feb 2021 damaging neighboring structures like Railways Park, Dawameds Hospital among others. Shariffs Centre entire building was untouched but not its garden. It was at this point that Shariffs moved to court

Shariffs family moved to Court with a Notice of Motion dated 4^th Feb 2021 in which they made the following prayers;

1. That pending the hearing and determination of the suit, the Honorable Court be pleased to restrain the defendant/Respondent, servants, agents or anybody else acting through them from demolishing a building, removing or evicting anybody from the plaintiffs’ land parcel No. BUNGOMA/MUCIPALITY/608
2. That the costs of the application be provided for

The court nevertheless gave KR’s counsel Mr. Juma 7 more days and therefore listing the matter for mention on 3^rd March 2021 to file their response and submissions.

Extracts from the ruling;

On March 3^rd 2021, Mr. Wamalwa holding brief for Mr. Mutei for the defendant/Respondent informed the court that Mr. Mutei was indisposed and that was why the replying affidavit had not been filed. He further stated that the officer who should have signed the replying affidavit was out of the country and sought another extension of 14 days. Mr Kituyi for the Plaintiff/applicant, and who had already filed his submission as directed, strongly opposed any further extension arguing that the Defendant/Respondent was not serious and was taking this Court’s orders for granted and urged the Court to allow the application as it is not opposed.

The Court found no basis upon which to grant the defendant/respondent more time saying; there must be other persons in the employment of the Defendant/Respondent who can sign the replying affidavit in opposition to the application.

The Court agreed that the Defendant/Respondent was not serious in this matter and therefore declined to allow further direction

The application therefore remains un-opposed. It is accordingly allowed in the following terms;

1. Pending the hearing and determination of this suit, the Defendant/Respondent is restrained by it’s servant, agents or any other person acting through it from demolishing any holding on the land parcel No. BUNGOMA/MUNICIPALITY/608 or evicting any tenants thereon.

2. No orders as to costs

~ Hon. Judge, Boaz N. Olao – 4^th March 2021 ~

#iKUWEiKUWE Corner;

• According to an #iKUWEiKUWE rat at the lands offices, Hon. Kisuya acquired the land in 1991 before selling it to the Sharrifs, family in yr 2000 in a deal that saw Hon. Otsyula being an advocate at Khakula & Co. advocates represent the buyer.
• The property housed; Bar & Restaurant, Supermarket, Banking Hall and 60 business stalls.
• Unless the court directs otherwise, Shariffs family is free to use the property undisturbed.