Court stops eviction of Mavoko homeowners

A court has temporarily stopped the eviction of 400 Mavoko residents in a land dispute between them and a woman whose husband they claim sold them the property.

High Court judge Oscar Angote yesterday also extended an injunction issued in March against Mary Runguru, the defendant, restraining her or her agents from trespassing or damaging any structure on the disputed property until the case is heard and determined.

The petitioners, registered as Native Winners, have moved to court to challenge Runguru’s claim on the property, saying they legally bought the land from Runguru’s husband, Njoroge Wainaina, now deceased.

Through their lawyer Thomas Kabaka, the petitioners told the court that invasion of their property by hired goons to harass and evict their members was against active orders issued by the same court.

Deeply concerned

“My clients are deeply concerned about a recent development where hired goons enjoying the protection of armed police officers harassed and attempted to evict them from their homes. They are now living in fear of being harmed or even killed,” Kabaka told Justice Angote.

In a sworn affidavit, Daniel Kinyanjui - one of the homeowners - said members of Native Winners were not in occupation of the land illegally as alleged by Runguru.

“I am apprehensive if the defendant is not restrained by court she will carry out the purported eviction to our detriment and we will stand to suffer irreparable loss,” Kinyanjui said.

Last year, Runguru published a notice to the current occupants to vacate the said land, claiming the property was registered in her name.

Runguru demanded that the homeowners immediately stop any further activities or trespassing on the land and bring down any buildings erected on the land. 

Justice Angote directed that the restraining orders be complied with, failure to which the defendant will be cited for contempt of court.

A ruling will be delivered on February 14.