With only seven days remaining before the expiry of a 14-day eviction notice issued by the Kenya Meat Commission (KMC), more than 5,000 homeowners in Athi River township in Machakos County have moved to court to stop the planned demolitions.
On Tuesday, a delegation of homeowners, led by Mr Bonface Kithome, and KMC officials held a two-hour meeting attended by Athi River MCA Jeremiah Kaloi. The delegation appealed for an amicable solution.
However, on May 9, five landowners, represented by their lawyer Mr Anthony Chege, filed an application at the Machakos Environment and Land Court (Case No. E058/25) before Lady Justice Anne Koross.
A section of Njogu-ini estate in Athi River, Machakos County.
Photo credit: Stanley Ngotho | Nation
On May 12, the court directed both the Machakos County Government and the KMC to file their responses within 14 days.
The inter partes hearing is scheduled for July 22, 2025.
Court documents show that the five petitioners hold temporary allotment letters issued by the now-defunct Mavoko Municipal Council.
Mr Chege, the lead counsel, said that at least 1,000 more individuals with similar documentation will join the case under the Njogu-ini Landowners Association (NLOA). A constitutional petition is expected to be filed on May 15.
Meanwhile, another group of homeowners, some of whom have title deeds, has filed a separate lawsuit at the Mavoko Law Courts seeking to block the evictions.
MCA Kaloi told the Nation that multiple stakeholders are working to protect the densely populated neighbourhood.
“I attended the meeting with KMC and the residents on Tuesday. Dialogue is ongoing alongside the court processes. We are optimistic that the court will issue an injunction or a stay order in good time,” said Mr Kaloi.
Residents go about their business in Njogu-ini estate in Athi River, Machakos County.
Photo credit: Stanley Ngotho | Nation
The 14-day eviction notice, issued on May 7 and set to expire on May 21, stems from a ruling on July 10, 2024 by Justice A. Nyukuri of the Machakos Environment and Land Court in case ELC/227/2017.
This concerned two large parcels of land in Athi River, measuring 145 and 1,136 acres, and involved Kelvin Musyoka and 53 others versus the KMC and the Export Processing Zones Authority (EPZA).
After a six-year legal battle, the ruling was handed down, dealing a major blow to the more than 5,000 homeowners in the Njogu-ini estate, who are now awaiting the outcome with mounting anxiety.
Mavoko MP Patrick Makau, a former mayor of the defunct Mavoko Municipality, represented the homeowners in court. He said that they had been legally settled on the land by the local authority under the Local Government Act, which he said remains valid.
Mr Makau warned that, if the evictions proceed, KMC could end up reclaiming most of Athi River township.
“KMC used to own almost 97 percent of Athi River land in the 1960s and 1970s. If this trend is allowed to continue, they could reclaim nearly the whole township. State officials must tread carefully and honour past agreements to avoid pushing residents into desperation,” he said.
The legislator also questioned the involvement of the Kenya Defence Forces (KDF), who have managed KMC since 2021.
“Where else in the world do military forces meddle in civilian land matters? KDF should stay in their lane. We cannot remain silent as public assets are used to oppress citizens. When KMC was abandoned, it was these same residents who protected its assets. Now they deserve respect, not threats,” he added.
A view of Njogu-ini estate in Athi River, Machakos County.
Photo credit: Stanley Ngotho | Nation
MCA Kaloi said that the Tuesday meeting between KMC management and the Njogu-ini Residents Committee aimed at reaching a peaceful solution.
“Affected residents are pursuing justice through the courts. The county government has also filed a suit to stop the demolitions. We are hopeful the courts will issue orders in time,” he said.
A Nation spot check on Sunday revealed that the disputed area had been fully developed with permanent and temporary residential and commercial buildings. Despite the looming evictions, residents continued with their daily routines, showing little sign of preparing to leave. While most declined to speak to the media, a few who did described the pending demolitions as 'inhumane'.
“If the government demolishes houses worth billions built by poor citizens, it will signal that the Ruto administration no longer cares about its people,” said one landlord.
Another added tearfully: “Most current landlords bought the land after verifying documents with the defunct Mavoko Municipal Council. Everything was in order at the time.”
In the original 2017 suit (ELC 227/2017), Mr Kelvin Nzioki and 53 others sued the EPZA and KMC over two parcels: LR No. 18474 (1,136 acres) and LR No. 10281 (164 acres). The plaintiffs claimed they had been occupying the land since 1997 and sought legal ownership through adverse possession. They also argued that the KMC land was already developed with residential and commercial structures.
However, on July 10, 2024, Justice Nyukuri dismissed the case, saying it lacked merit. The court granted a permanent injunction against the plaintiffs, ordering them to vacate the land within 90 days—by October 10, 2024—or face forced eviction.
"A permanent injunction is hereby issued restraining the plaintiffs from entering, constructing, cultivating, or interfering with parcels LR No. 18474 and LR No. 10281, Athi River. The plaintiffs and their agents are to vacate LR No. 10281 within 90 days," the judgment read.
