The Kenya Defence Force was on Thursday stopped from blocking the Kayole-Mihango Road in Embakasi, Nairobi.
Judge George Odunga allowed the Nairobi county government’s application to fill trenches that the army officers had dug cutting the road until the case is heard and determined.
"In the premises, I direct that the applicant be at liberty to fill the trenches in question to the extent that the public are afforded access through the said road pending hearing and determination of these proceedings or other orders of this court," Odunga said.
In court papers, City Hall argued that the Chief of Defence Forces Samson Mwathethe and Defence CS Raychelle Omamo have “unilaterally, illegally and in utter display of abuse of power’ deployed armed soldiers to guard the trench.
The county told the court that Kayole and Mihango residents have been exposed to immense insecurity as thieves and robbers are using the blocked sections as their hideout.
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Separately at a City Hall press conference Governor Evans Kidero, accompanied by Embakasi Central MP John Ndirangu and a host of MCAs, said KDF blocked the road despite the land belonging to the county government.
"We will not appeal with the KDF to obey the court order because even the President himself has said this is a country that is governed by the rule of law," Kidero said.
Kidero said the road was under construction by the county government at a cost of Sh264 million and ordered Transport Chief officer Michael Ngare to immediately move to the site and fill the trench.
Ndirangu said thousands of people have been affected by the closure of the road.
He said residents cannot access health facilities whereas pupils are unable to access their respective schools.
Soldiers from Embakasi Garrisson prison had last month , blocking the road that cuts through the barracks.
The move sparked protests by the area leaders and residents, leading to the arrest of Mihango MCA Paul Kados. The case is still in court.