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The 4,298 acres are located along Mombasa Road, South of Athi River Township in Machakos County.
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The residents are said to have settled on the land after EAPC PLC finished its mining operations on it a decade ago.
Image: GEORGE OWITI
A Machakos High Court has declared East African Portland Cement PLC the legitimate owner of land LR NO. 10424 located within Athi River in Mavoko, Machakos County.
This follows a legal suit No. 74 of 2014 filed at Machakos ELC Court by some individuals, and officials of Aimi Ma Lukenya Society against the cement grinder on the said land’s ownership dispute in 2014.
The suit had been consolidated with Petition No. 10 of 2018 with Julius Mutie Mutua, Alex Kyalo Mutemi, Pascal Kiseli Basilo Mungui listed as plaintiffs suing as officials of Aimi Ma Lukenya Society and East African Portland Cement Ltd, chief Lands registrar and Attorney General as first, second and third defendants respectively.
Judge Lady Justice A. Nyukuri, sitting at Machakos ELC Court on Monday ruled that the Plaintiff suit stands dismissed and struck out with costs to the defendant.
“This matter coming up for mention, in the presence of Nekoye holding brief for Simiyu for Plaintiff, Tuusime holding brief for Mr. Sigei for 1st Defendant, Busuka 5th Defendant, Mwalozi for 2nd and 3rd defendant for Attorney General and in the absence of the Counsel for National Land Commission and upon hearing them,” Nyakuri ruled on October 9, 2023.
"It is hereby ordered that the Plaintiff's suit be and is hereby struck out with costs to the Defendant, a copy of the proceeding and today's ruling be supplied to the parties on payment of court fees.”
The ruling comes after about 10 years of court battles between the company and the locals on the parcel of land’s ownership.
The 4,298 acres are located along Mombasa Road, South of Athi River Township in Machakos County.
The residents are said to have settled on the land after EAPC PLC finished its mining operations on it a decade ago.
The listed Plaintiffs had filed a case against EAPC PLC seeking declaration of ownership and permanent injunction against EAPC PLC from dealing with the land until the matter was fully heard and determined by the Court.
In her ruling, Justice Nyukuri noted that the Plaintiff had failed to physically serve the amended pleadings to all the Defendants within 21 days as ordered by the Court on May 17, 2023.
She had cautioned the Plaintiffs that failure to do so would lead to striking out of the case.
On October 9, 2023, the matter was mentioned to confirm whether the Plaintiff had complied with the orders issued by the Court on May 17, 2023.
The Court determined that the Plaintiff had been accommodated on various occasions being November 2022, March 2023 and May 2023 and there were no reasons as to why the Plaintiff was not able to serve its documents to the Defendants as ordered.
The Judge held that Court Orders are not given as suggestions and therefore Plaintiffs suit stands struck out with costs to the Defendant.