The Court of Appeal has ruled in favor of the Kenya Railways Corporation, granting them permission to proceed with the demolition of properties associated with businessman Sammy Boit arap Kogo.
The corporation claims that the properties were constructed on their land and were irregularly allocated to the businessman by the Commissioner of Lands in 1992.
The court’s decision comes after the Kenya Railways Corporation obtained a ruling in January, confirming that the land in question rightfully belongs to the corporation.
Despite Boit’s objection, the court declined to suspend the corporation’s go-ahead, allowing them to proceed with the demolition.
According to Boit, agents of the Kenya Railways Corporation have already entered the premises and marked the buildings for demolition.
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Additionally, tenants occupying the properties have been given a 14-day notice to vacate the premises.
Boit expressed concern over potential losses exceeding Sh500 million if the demolition proceeds.
In response to the businessman’s claims, the court acknowledged that there might be financial repercussions for Boit and third parties due to the demolition.
However, the court highlighted that Kenya Railways has offered to compensate affected parties in the event that Boit wins the appeal.
Justices Kathurima M’Inoti, Grace Ngenye, and Abida Ali-Aroni, who presided over the case, stated, “In totality, we find that the applicant has failed to meet the threshold for the second limb, and therefore has failed to establish the twin principles for consideration in an application under rule 5(2) (b) of this Court’s Rules for the grant of an order of stay of execution.”
This ruling paves the way for the Kenya Railways Corporation to proceed with the demolition of the contested properties, pending any further legal developments.
The case has garnered significant attention due to the financial stakes involved and the potential implications for other properties in similar situations.
As the demolition process moves forward, affected parties will closely monitor the situation, and the outcome will probably set a precedent for future land allocation and ownership disputes in Kenya.