Bulldozers roar louder in Mavoko amid pleas to halt demolitions

The ongoing evictions on East African Portland Cement PLC land has entered the third day in Athi River, Machakos County

This is despite pleas by the victims and some political leaders from Ukambani for government to halt the demolitions and engage in a dialogue.

The forceful evictions have so far left hundreds of residents homeless with some spending nights in the cold.

Some have so far spent two nights in the cold since the demolitions started on Friday.

Among those who have pleaded with President William Ruto to order stoppage of the demolitions are Wiper leaders led by Kalonzo Musyoka and MPs Patrick Makau (Mavoko), Stephen Mule (Matungulu) and their Kathiani counterpart Robert Mbui.

The leaders were denied access by a contingent of security officers when they attempted to access the victims of demolitions on the affected parcels on Saturday.

The demolitions on land LR N0. 10424 began three days after a Machakos High Court declared East African Portland Cement PLC the legitimate owner.

The 4,298 acres are located along Mombasa Road, South of Athi River township in Machakos county.

This follows a legal suit No. 74 of 2014 filed at Machakos ELC court by 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.

Kalonzo condemned the demolitions terming them human rights violation.

"This is a very sad day, absolutely unexplainable, painful, distressful, unacceptable. Leaders were barred from accessing the victims to deliver food, clothing and bedding,” Kalonzo said.

"The mass evictions happening now in Athi River is human rights issue, children and women are spending nights in the cold while houses are being demolished. So far, there schools and five churches have been brought down,” he said.

The Wiper leader said the evictions were against Article 43 of the Constitution which entitles every Kenyan to shelter, housing, food and clothing (basic needs).

"Please, let them allow the victims to receive donations from their leaders and well-wishers. This is very inhuman. We may not be shareholders, but we are tax payers,” Kalonzo said.

Makau said "the government is for the people, by the people, for the people".

“Today, my heart goes to those whose properties were destroyed. Portland is government property and as Mavoko MP we have had several meetings with Portland and they agreed they would sell the parcels of land to Machakos County residents.

"President, I urge you, if you can listen to me, order those in charge of the demolitions to stop immediately. You are the Commander-in-Chief, these citizens are suffering,” Makau said.

"Please, let’s sit down and talk. Where there is dialogue, there is a way, a positive way," Makau said.

The victims of evictions pleaded with the government to consider their plight during these hard economic times and reconsider its stand on the demolitions.

Tens of bulldozers were involved in the demolitions under heavy security agencies’ guards.

The structures pulled down so far include residential houses, business premises, a church, makeshift homes and establishments.

Stephen Wambua said he had together with his family lived on the land for the last four years.

“We have sold some parcels to other people. Our houses have been demolished hence forced to spend the night in the cold together with our wives and children,” Wambua told the press.

Wambua said some of the victims had sold their ancestral land and acquired the parcels from which they had been evicted.

The victims said some of those who live on the said parcel in which demolitions had been effected acquired their parcels from the Aimi Ma Lukenya Association while others bought theirs from the association’s members.

"They gave us land here, some bought their parcels and settled on them,” Wambua said.

He said he survives on supplying building materials within the village that had lots of construction going on.

Moses Kimani said he was able to salvage only a few of his property before his house was demolished.

"We bought the land from the Aimi Ma Lukenya Association in 2017. This is a government action, I understand that this was an executive order,” Kimani said.

Bishop Richard Ambundo said they didn’t know where the orders came from.

"Families are spending the night in the cold since several homes have been pulled down," Ambundo said.

He said some people’s homes were demolished while they were away at work.

Fredrick Musyoka said they did not grab the land, but bought it.

"We bought the parcels of land. Whoever the land’s owner is, we are ready to rebuy the plots we are occupying. Some of us took loans to acquire the plots. Some invested in it using their pensions,” Musyoka said.