Rédaction Africa Links 24 with Daily Nation
Published on 2024-01-30 17:07:33
More than 90 families, including the family of Soy Member of Parliament David Kipalgat, were at risk of facing eviction from a disputed 606 piece of land at Nyalilbei farm, Soy in Uasin Gishu County. Fortunately, they have received reprieve after an Eldoret court stopped their eviction.
The Land and Environment Court has ordered the matter to be heard on February 28 after a motion was filed by the distressed families. The eviction order issued by Justice Hellen Omondi on February 25, 2021, directed 90 families to vacate the disputed land, but a permanent injunction has been issued restraining the eviction until the matter is heard in court.
Although the court had initially directed the Uasin Gishu County police commander to execute the eviction order, it was not implemented due to a lack of goodwill from executors of the court order, as claimed by the family of Kachero Ole Makala. This led to the delay in implementing the order, allowing the affected families to object to its implementation through an application by the area Member of Parliament under a certificate of urgency.
However, the MP’s application was dismissed by Justice Eric Ogola, stating that it lacked merit. The MP then filed another motion through his lawyer Zephania Yego, claiming that the defendant had issued a notice of eviction to his clients. In response, the defendant’s lawyer, Ledisha Kittony, argued that the plaintiffs were party to a prior decree ruling in favor of the family of Kachero Ole Makala and 17 others.
The court then directed the matter to be heard on February 28, as there was no urgency seen in the matter. This decision gives hope to the families facing eviction, as their case will be heard in court before any further action is taken.
