BY NT CORRESPONDENT.
Over 20 families whose houses were demolished last month in Kayole have filed a petition to court seeking compensation from Nairobi Businessman Mike Maina.
The families have sued Maina under his business -Muthithi Investment Limited.
“This honourable court do take up proceedings on compensation due to the applicant for the damage occasioned by the unlawful eviction conducted by the plaintiff from the suit property,” state the families in their court documents.
They argue that there was no such notice of intended eviction been issued to them, through the set out legal process, they would have lawfully resisted the unlawful eviction carried out in the wee hours of the morning in darkness and without regard to the interest of children, persons with disability and women affected.
In an affidavit, the tenant’s claim that the demolitions carried out in December was done in spite of the hue and cry from tenants occupying some of the his premises adding that a lot of property was stolen from them.
They argue that they are entitled to reasonable notice before the eviction was carried out, adding that the notice period must be not less than 3 months by law and personally served on the affected evictees or by notification .
“In this instance there was no notice served at all,” they allege in the court papers.
They said the sudden invasion of the property by Muthithi Investment Limited left some members without an opportunity to salvage their personal property and possessions, and have thus been left homeless, suffered mental torture and pain.
It is their argument that their children’s and personal property were totally destroyed during the demolitions in December.
“ In total disregard of the constitution rights of the children in the suit property, the plaintiff agents using bulldozers and earth movers threw, scattered and damaged the children’s education materials and were thus left without access to education and shelter,’’ says court documents.
The affected families argue that the demolition were unlawful and the court should intervene.
“In the state of confusion and melee a lot of property was stolen from the residents and I am aware of a lot of families whose children were separated from their parents in a most saddening way,”says one of the residents who was affected.
