Sh45m house flattened despite court order

Justice Dalmus O. Ohungo of the Environment and Land Court in Kakamega issued injunctive orders on October 11, 2023, restraining the government from interfering with or taking possession of the property pending the hearing and determination of a suit filed by Shamalla and other two plaintiffs.

In his supporting affidavit, Shamalla says he purchased the suit property from Peter Raburu, the original allottee from the government, in February 1996 and paid stamp duty and all other related costs for the issuance of title in his name.

He says he sold the land on August 7, 2019, to Esmael Mohamed Jibril (deceased) and handed over the vacant property to Jibril and IBADO Estates Limited upon completion of payment of the purchase price.

Shamalla says that he stayed in possession and ownership of the suit property for over 20 years until August 7, 2019.

In his notice of motion, Shamalla said there was a suit before the same court, Kakamega ELC Suit No. 002/2023, where the Ethics and Anti-Corruption Commission (EACC) sued him and three others to determine the true ownership of the suit property. The government ordered the demolition of houses on 'Milimani estate public land' to pave the way for the construction of affordable houses and other State-funded projects.

Prominent personalities including politicians, Judiciary officials, former powerful administration officers, and teachers who own houses at the disputed estate were left counting huge losses when bulldozers flattened their houses following the expiry of eviction notice.

Second phase

Houses targeted in the second phase of demolition in the prime estate include that of Kakamega Woman Rep Elsie Muhanda, a contested house worth Sh30 million and land valued at Sh15 million by a family associated with former Sports Cabinet Secretary Amina Mohamed, and the residence of Bishop of Anglican Church of Kenya, Milimani Diocese of Maseno North.

Among those whose posh houses were brought down are tycoon and businessman Jaswant Singh Rai, two High Court judges, area MP Bishop Titus Khamala and former first Mayor of Kakamega Robert Makotsi, among others.