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Post Reply: Mavoko Residents Face Eviction After Court of Appeal Ruling

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 5, 2025, 10:00 am</div><div id="pl-7361"  class="panel-layout" ><div id="pg-7361-0"  class="panel-grid panel-no-style" ><div id="pgc-7361-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7361-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">In a significant development in the long-standing land dispute in Mavoko, Machakos County, the Court of Appeal has dismissed an appeal by residents seeking to halt their eviction from land owned by the East African Portland Cement Company (EAPC). The ruling, delivered on July 23, 2025, marks another chapter in a nearly decade-long legal battle over approximately 4,298 acres of prime land along Mombasa Road, south of Athi River Township, valued at roughly Ksh15 million per acre.</p>
<p dir="ltr">The dispute traces back to 2014 when members of the Aimi Ma Lukenya Society filed a case at the Machakos Environment and Lands Court, claiming ownership of the land. The society argued they had legally acquired the property, but the court ruled in favor of EAPC, declaring the company the legitimate owner of land parcel LR No. 10424. The High Court’s decision in October 2023 found that the society failed to produce original title deeds, contract documents, or evidence of payment to support their claim, solidifying EAPC’s ownership.</p>
<p dir="ltr">The recent Court of Appeal decision upheld the High Court’s ruling, dismissing the residents’ bid to stop evictions and demolitions. Justices Pauline Nyamweya, Abida Ali-Aroni, and John Mativo determined that the appeal lacked merit, paving the way for EAPC to reclaim the land. This ruling has left thousands of residents, who have built homes, businesses, and schools on the property, facing an uncertain future.</p>
<p dir="ltr">The evictions began in October 2023, shortly after the High Court’s decision, with bulldozers demolishing over 80 structures, including permanent homes, a private school under construction, and an operational hotel. Residents reported significant losses, with some estimating damages worth millions of shillings. One resident, Simon Kibira, recounted being woken at 3 a.m. by a neighbor’s call, only to find his home reduced to debris by 6 a.m. Another resident, John Mutua, who had lived on the land for over a decade, alleged that armed individuals carried out the demolitions at night, without prior notice or court orders, raising questions about the legality of the process.</p>
<p dir="ltr">Local leaders and human rights groups have condemned the evictions, describing them as inhumane and a violation of constitutional rights to shelter. Machakos Deputy Governor Francis Mwangangi called the demolitions “barbaric” and promised county support, including shelter and counseling for affected families, in collaboration with the Kenya Red Cross Society. The Kenya Human Rights Commission (KHRC) and Mazingira Institute have also criticized the evictions, asserting that no court order explicitly authorized demolitions, despite the ownership ruling in EAPC’s favor. They argue that the evictions contravene international and national human rights frameworks.</p>
<p dir="ltr">The land’s transfer to Kenya Commercial Bank (KCB) in exchange for a Ksh6.8 billion debt has further complicated the situation. KCB initiated a regularization process, setting a fee of Ksh200,000 per 50x100 plot, but residents have reported demands for payments as high as Ksh1.6 million, with allegations of extortion and corruption involving brokers and high-ranking officials. The Mavoko Muundani Residents Association filed a lawsuit against KCB, EAPC, and the Attorney-General, securing temporary orders to protect their developments, but the recent Court of Appeal ruling has heightened fears of further demolitions.</p>
<p dir="ltr">Political figures have also weighed in, with Wiper Party leader Kalonzo Musyoka advocating for the residents and urging the court to stop the evictions. In contrast, allies of President William Ruto have accused Musyoka and Machakos Governor Wavinya Ndeti of involvement in the controversial sale of the land, allegations both leaders have denied. President Ruto, during a 2023 visit to Athi River, announced plans to use part of the reclaimed land to expand the Export Processing Zone (EPZ) and construct factories to create jobs for youth, emphasizing that undeveloped land titles in the area would be revoked.</p>
<p dir="ltr">Residents like Margaret Ndinda, who is still repaying a bank loan for her unfinished home, and Bonface Mwanzia, chairperson of the Njuguini Landlords Association, have expressed distress over the potential loss of life savings and the mental health toll on the community. Some residents claim they purchased the land in good faith from community groups, only to face eviction due to unclear titles, a recurring issue in Kenya’s land disputes.</p>
<p dir="ltr">As the situation unfolds, the affected residents continue to call for government intervention to investigate alleged corruption in the regularization process and to negotiate a fair solution. The Court of Appeal’s decision has left many in limbo, with fears of further demolitions looming. The Mavoko land saga underscores broader challenges in Kenya’s land ownership system, where disputes over titles and forced evictions remain a persistent problem.</p>
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