A High court has stopped the Kenya Railways Corporation from demolishing or trespassing in Bungoma’s multi million Sharrifs Centre shopping mall.
Judge Boaz Olao siting in Bungoma ordered that Kenya railways stops demolishing or evicting any tenants at the mall until the case is heard and determined.
“Pending the ruling and determination of this case, this court restrains Kenya railways agents, servants or on anybody else acting on their behalf from, from demolishing or evicting anybody from the said land,” the judge ruled.
Bungoma businessmen Nazumudin Sharrifs had moved to court to stop the demolition after the Kenya Railways marked the mall for demolition in an exercise that saw several other buildings brought down.
Shariffs through his lawyer John Masinde and Andrew Kituyi had moved to court arguing that he had legally leased the land from the defunct Bungoma municipal council for 99 years in 2007 arguing that the land did not belong to Kenya Railways.
Shariffs further argued that they had extensively developed the land that housed a bar and restaurant, banking halls, supermarkets and over 60 business stalls, and that it was illegal for Kenya Railways to evict and demolish their legally acquire property.
“Marking my property for demolition had caused unnecessary panic and losses to my tenants who have since moved out,”Shariffs had argued.
Judge Olao during his ruling said Kenya Railways through their advocate Tom Mutei had been given enough time to respond to the suit but failed to respond on time and therefore had no option but to grant the said orders.
“Despite certifying the matter as urgent, the corporation without any valid reasons have failed to reply the issues raised and I find no reason as to why I shouldn’t grant the complainant his prayers,” Olao said during the ruling.
Olao ruled that the full hearing and ruling of the suit be within the next 12 months.
-Edited by Sarah Kanyara
