It was a reprieve to two business persons whose premises were demolished on August 8, 2019 at the famous Lwang’ni beach after a Kisumu court ruled in their favour.
The two, Amina Achieng and Tilapia Beach Resort Limited had sued the Kenya Ports Authority, Kenya Railways Corporation, the County Government of Kisumu and the Attorney General for illegally bringing down their decade-owned businesses.
They breathed their sigh of relief after Justice Antony Ombwayo of the Kisumu’s Environment and Land Court awarded them Ksh27 million and Ksh49 million respectively.
According to the court documents, the duo informed the court that they were not given sufficient notices to vacate the place.
Achieng told the court that her tools of trade and property were stolen during the wee hours of the night of the evictions and that she did not manage to rescue anything.
The court heard that the demolitions, which saw hundreds of people rendered jobless, were done in a bid to pave way for the expansion of the Kisumu Port.
In his ruling, Justice Ombwayo established that police officers were part of the team that was undertaking demolition yet the officers should only be used in such operations when the court orders so.
Achieng told the court that the parcel of land where she was evicted belonged to her and that she has also been paying land rates for the parcel.
According to the court documents seen by K24 Digital, Achieng was seeking Ksh108 million in losses as well and Ksh27 million for the value of her property and an additional Ks20 million that she claimed she spent on renovations.
The court however only managed to award her Ksh27 million.
On the other hand, Tilapia beach limited claimed Ksh104 million but was awarded Ksh49 million.
In their defence, the Kenya Railways Authority insisted that the parcel of land belonged to them.
They argued that the complainants did not prove how they acquired the parcel and when the transfer took place, claiming that it belonged to them since 1935.
In his judgement, Justice Ombwayo said the demolitions were not properly conducted.
He added that the affected people were not provided with notices prior as people should be given a notice of at least 3 months before demolitions.
