Athi River demolitions enter day three amid calls for halt
A bulldozer demolishes a house on East African Portland Cement property on October 14, 2023.
On a normal Sunday, dozens of worshippers from various churches on the disputed East African Portland Company (Eapcc) land flock to worship, but yesterday, the roar of bulldozers enveloped the entire area as houses worth millions fell with a thud - churches had been turned into rubles.
The demolition of palatial homes, churches and schools entered its third day despite Ukambani leaders led by Wiper leader Kalonzo Musyoka pleading with President Ruto on Saturday to order a halt to the "inhumane" demolitions.
On Sunday morning, at least 20 bulldozers assembled around 8.30am under the supervision of a contingent of General Service Unit (GSU) police officers and the demolition continued indiscriminately.
Armed uniformed officers working with their Directorate of Criminal Investigation (DCI) counterparts ensured that homeowners did not assemble to prevent any possible disruption of the exercise. DCI spies posed as onlookers ready for any eventuality. The Nation also noted that some spies were placed at strategic points along Mombasa Road to spy on local leaders who might have tried to mobilise locals against the demolition.
House owners who failed to remove their belongings had no option but to watch helplessly as their buildings were flattened. Electricity was cut off plunging the entire area into darkness at night. Robberies were reported in some abandoned houses yet to be demolished.
Mr Dominic Wambua,65, told the Nation that he had used his pension to build a house on the land after he was shown a title deed by the management of Aimi Ma lukenya Society. His predicament had left hundreds of families homeless as the entire area was reduced to a heap of rubble.
A bulldozer demolishes a house on East African Portland Cement property on October 14, 2023.
"I have lost almost everything, I had also sold my rural inheritance land to educate my children, I am now homeless," he said in tears.
On Sunday, perhaps in the spirit of their faith, the officers went around in groups urging homeowners to move out before the bulldozers came.
Waiting to be demolished was an entire village, questionably owned by Congolese refugees who had bought the land. The houses here are of a single design, common in Congo. They have a church and live as a community. It is known as a little 'Kinshasa'.
"The GSU officers told us in the morning to leave, indicating that we will not be spared. We are at a loss. My brother, who is in the UK, helped me to buy the land and build a house," said the homeowner.
Today, hundreds of learners will be out of school while their parents contemplate their next move. The biggest casualties will be learners registered for the Kenya Primary School Education Assessment (KPSEA) exams in local private schools.
The chairman of the Aimi Ma Lukenya Society, Julius Mutua, said that although they had not exhausted all legal options, they had not been served with a notice to vacate. He cited bad faith on the part of the national government.
"The judge did not order the demolition. We have instructed our lawyers to appeal. The government is moving in bad faith to demolish our houses before we get a court order from Monday to today,"Mr Mutua said. He said they would sort out compensation.
On Saturday, Mavoko MP Patrick Makau accused the government of orchestrating a plan to evict hundreds of squatters in order to allocate the same land to a few individuals.
A bulldozer demolishes a house on East African Portland Cement property on October 13, 2023.
"We have a list of people who have been allocated the land. We are pleading with President Ruto to order the demolition to stop. Most people have been left homeless," Mr Makau said.
Kathiani MP Robert Mbui condemned the government saying it came to power on a platform of empowering hustlers but it is killing the same people it promised to empower.
Machakos Woman MP Joyce Kamene could not hold back her tears as she watched women and their children in front of their demolished houses under the scorching sun.
"It's a painful experience, the government can be heartless, we will fight for our people despite the price," she said in tears.
On Friday, President Ruto gave the go-ahead for the demolition, praising the court ruling.
President WIlliam Ruto in a Kaunda suit.
Speaking at the official opening of a new pharmaceutical company in the Export Processing Zone (EPZ), President Ruto said the land grabbers who illegally seized the land would be evicted to pave way for the expansion of the EPZ.
After a protracted court battle, East African Portland Cement PLC (EAPC PLC) was declared the legal owner of its land, which had been illegally occupied by invaders for more than 10 years.
On October 9, 2023, ELC Machakos Court, Judge Lady Justice A. Nyukuri ruled that the plaintiff's case be dismissed and struck out with costs against the defendant.
The prime land in question, LR.No 10424, located along Mombasa Road, south of Athi River Township in Machakos County, measuring approximately 4,298 acres, has been at the centre of a dispute between the giant cement manufacturer and the land squatters who started invading the land after EAPC ended its mining operations on the land about 10 years ago.
Through ELC Case No. 74 of 2014, consolidated with Petition No. 10 of 2018, officials of the Aimi Ma Lukenya Society had sued EAPCC seeking a declaration of ownership and a permanent injunction restraining the cement maker from dealing with the land until the matter is fully heard and determined by the court.
According to court documents, the society had produced a fake title deed with entry number 7, claiming that the land was transferred to Aimi Ma Lukenya Society on 20 May 1980, when the society did not exist, as records at the Registrar of Societies show that the society was registered on September 25, 2014.
In her ruling, the presiding judge, Lady Justice A. Nyukuri, noted that the plaintiff had failed to physically serve the amended pleadings on all the defendants within 21 days as ordered by the court on May 17, 2023, and warned the plaintiff that failure to do so would result in the case being struck out.
