AG given 7 days to respond to application in eviction case

Appearing before Justice Lawrence Mugambi, lawyer Ceceil Miller, representing Registered Trustee of the Kenya Railways Staff Retirement Benefits Scheme, expressed surprise that the state lawyer was unaware that a ruling in the case had remained outstanding for nearly four years.

Miller told the court that he was ready to serve the application and urged the judge to give a ruling date, noting that the dispute was old and required urgent determination.

The court directed the Attorney General to file a response within seven days and ordered the parties to appear on February 16 for purposes of fixing a ruling date. Advocate Marwa was also given seven days to comply with the court’s directions.

The application before the court seeks orders against the Kenya Railways Corporation to facilitate the eviction of alleged illegal settlers from the Muthurwa Estate.

According to court papers then high court Judge Isaac Lenaola issued an order directing the petitioners to vacate the estate. However, he told the court that the eviction had stalled after the Commandant of the Kenya Railways Police declined to facilitate the exercise.

According to the application, unless the court grants the orders sought, the commandant will not provide police assistance, effectively frustrating the enforcement of the earlier court order.

Miller added that the trustees are in the process of evicting illegal settlers from the estate, but remain unable to proceed due to the lack of police support.

The matter will be mentioned on February 16 to confirm compliance and set a ruling date.