This archive report was first published on 4 December 2019.
On December 4, 2019, a court in Kenya dismissed a case filed by the Salvation Army Church seeking Sh1 billion in damages from three quarry miners.
The church had accused the miners of intruding into its land in Murang'a and causing environmental degradation.
However, Justice Grace Kemei ruled that the lease agreement between the church and the miners was insufficient, making it unclear what terms of the agreement were breached.
The judge also noted that the church failed to provide sufficient evidence to support its claims of breach of contract.
The church had sought compensation of Sh900 million for unauthorized use of 128 acres of land, as well as a permanent injunction barring the defendants from the suit property.
Despite the church's claims, the court found that the two parties had signed two agreements, but neither indicated the terms of the acreage or size of the land under lease for mining stones.
Justice Kemei also pointed out that the church's witness had informed the court that one of the contracts was a forgery, further undermining the church's case.
The defendants, George Gatecha, Moses Ngaru Kinuthia, and Anthony Murage Njoroge, had failed to enter an appearance in the case despite being served with court papers.
