Nairobi – The High Court has granted the Attorney General seven days to respond to an application in a long-standing petition concerning the eviction of alleged illegal settlers from Nairobi’s Muthurwa Estate. The case has been pending for ruling since March 2022.
Appearing before Justice Lawrence Mugambi, lawyer Ceceil Miller, representing the Registered Trustee of the Kenya Railways Staff Retirement Benefits Scheme, expressed surprise that the State Law Office appeared unaware that a ruling in the matter had remained outstanding for nearly four years.
Miller informed the court that he was ready to serve the application and urged the judge to issue a ruling date, noting that the dispute is old and requires urgent determination.
The court directed the Attorney General to file a response within seven days and ordered all parties to appear on February 16 to fix a ruling date.
Advocate Marwa was also given seven days to comply with the court’s directions.
The application seeks orders compelling the Kenya Railways Corporation to facilitate the eviction of alleged illegal settlers from Muthurwa Estate.
Court documents indicate that then High Court Judge Isaac Lenaola had previously issued an order directing the petitioners to vacate the estate. However, the eviction reportedly stalled after the Commandant of the Kenya Railways Police declined to facilitate the exercise.
According to the application, unless the court grants the orders sought, the commandant will not provide police assistance, effectively frustrating enforcement of the earlier court order.
Miller told the court that the trustees are ready to proceed with the eviction but remain unable to do so due to the lack of police support.
The matter will be mentioned on February 16 to confirm compliance and set a ruling date.
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