At least 5,000 residents of Athi River township, Machakos County, will be evicted in the next 10 days from the Kenya Meat Commission (KMC) land they have encroached on for years.
The KMC management, under the Kenya Defence Forces (KDF) management since 2021, issued a 14-day’ vacation notice' to the occupants of the land LR. No. 10281 measuring 145 acres on May 7. The notice expires on May 21.
The notice copied to the Athi River Deputy County Commissioner, Sub County Police Commander, and Deputy Registrar, Machakos Environment and Land Court has caused panic among landlords and hundreds of their tenants.
"Take notice that pursuant to the judgment of Justice A.Nyukuri, ELCJ on 10 July 2024 in Machakos, ELC/227/2017 between Kelvin Musyoka and KMC, KMC was confirmed as the lawful and beneficial owner of all that property known as LR No 10281 Athi River “Read part of the notice obtained by Nation.
The notice further said that the unlawful occupants had been ordered by the court to vacate within 90 days from 10 July 2024.
A section of an aerial view of Njogu-ini estate, Athi river township extending to 164 acres set to be demolished by Kenya Meat Commission (KMC) after a court ruling on May 12, 2025.
Photo credit: Stanley Ngotho | Nation Media Group
"Take notice the said Ninety (90) days elapsed on 10 October 2024 and you are yet to vacate from the said property," The notice further warned, “Take notice that should you not have vacated the said property and remove all your property from the said land within 14 days from the date hereof, we shall proceed to evict you at your risk as to damage and loss,"
In case the notice is enforced, this will be a highly volatile eviction that might turn messy and millions worth of properties flattened when bulldozers roll into action.
Athi River Sub County Police Commander (SCPC) Ms Phyllis Muthoni told the Nation that the court order and notice had been served to her office for action.
"Police officers will give reinforcement to effect the eviction once the notice elapses, “said Ms Muthoni.
A Nation spot check on Sunday indicated a fully developed part of Athi River township, dotting permanent and temporary buildings, both commercial and residential.
A section of Njogu-ini estate ,Athi River township extending to 164 acres to be demolished by Kenya Meat Commission (KMC) after a court ruling May 12, 2025.
Photo credit: Stanley Ngotho | Nation Media Group
Residents seemed unbothered by the KMC vacation notice with no vacation activities. It was a beehive of activities.
Though most people approached by the Nation for an interview declined, a few who spoke in confidence termed the looming demolition "inhumane”. None of the 54 plaintiffs were available for comment.
"In case the state entity (KMC) demolishes the billions worth of houses at the expense of poor locals, it means President Ruto's administration no longer cares about its citizens' welfare."
A landlady added: “Most of the current landlords bought the plots from the original owners after conducting due diligence at the defunct Mavoko Municipal Council. All requisite documents were in order, indicating the allotment letters were issued in 2007," he said tearfully.
The Machakos Environment and Land suit case 227/2017 was instituted by Mr Kelvin Nzioki and 53 others against Export Processing Zone Authority (EPZA) and Kenya Meat Commission (KMC) on February 9, 2017 over two parcels of land: LR No. 18474 measuring 454.4 Hectares(1,136 acres) and LR. No. 10281 measuring 164 acres, less road reserve of four acres.
According to court documents, the plaintiff had informed the court that they were farming and grazing in the parcel LR No.18474 claimed by EPZ, apart from Kanaani Integrated Primary School and Kanaani High School built on the land.
However, via affidavit, they had further informed the court that the LR. No. 10281, claimed by KMC, was fully developed, dotting both commercial and residential permanent structures.
Before Justice Nyukuri Anneta, the plaintiff wanted the court to declare them the owners of the two parcels of land.
They averred that since the year 1997, they had collectively been living on the settlement scheme known as KMC PHASE III. Also, apart from producing land ownership documents in court, they wanted the court to rule in their favor under the adverse possession land ownership clause.
Nevertheless, on 10 July 2024, Lady Justice Nyukuri Anneta dismissed the plaintiff's suit with the costs to the defendants, citing lack of merits.
"A permanent injunction be and is hereby issued to restrain the plaintiffs, whether by themselves, their servants, and/or agents, from entering into, erecting structures, cultivating, grazing their livestock, or in any way interfering with the defendants’ parcels of land LR. No. 18474 and LR. No. 10281, Athi River. As the plaintiffs are already on the property, this order takes effect on October 10, 2024,"ruled Lady Justice Nyukuri.
"The plaintiffs, their employees, servants, agents, tenants, and relatives are hereby ordered to vacate LR. No. 10281 Athi River within 90 days and in default, eviction to issue.
Land disputes have been rampant recently in Mavoko Subcounty owing to its proximity to Nairobi, preying on land brokers, undeveloped chunks of land, and the high land demand.
In October 2023, dozens of homes in East Africa, Portland Cement Company(EAPC), were demolished by the government in an 11-day operation that shook the country.
Aimi Ma Lukenya (AML) Association which claimed the ownership of 4,298 acres of land had been embroiled in a fierce court battle with EAPC management in Machakos Land and Environment court for several years before a landmark ruling on October 9, 2023 by Judge Lady Justice A. Nyukuri of ELC Machakos Court, declaring EAPCC the legal owner of disputed land dismissing the Plaintiff (AML) suit.
