This archive report was first published on 2 January 2020.
On January 2, 2020, the High Court ruled in favor of Kenya Power, dismissing a petition by over 600 residents in Embakasi, Nairobi, who were seeking to stop the power utility firm from demolishing their permanent structures.
The residents, who are land owners along Saika Estate, Omega, Daylight, Chemichemi, and Mwengenye areas in Kayole, had argued that the decision to evict them and demolish their structures was a violation of their rights against discrimination.
However, Justice John Mativo, in his ruling, accused the residents of concealment of material facts by failing to disclose about other similar suits pending in court.
He said that by hiding such material facts, the court not only has the right but a duty to deny relief to such persons.
Kenya Power had issued notices in December 2018 directing the residents to move to pave way for demolition, citing the need to maintain its power line way-leave.
Ms Joyce Cherop, representing the residents, argued that the demolition plan would violate their individual rights to ownership of property, housing, education, and social amenities.
But Kenya Power, through its manager for legal services Emily Kirui, opposed the petition, terming it an abuse of court process.
