By Andrew Kariuki
The High Court has directed the Attorney General to file a response within seven days in a long-standing petition concerning the eviction of alleged illegal occupants from Nairobi’s Muthurwa Estate, a case in which a ruling has been pending since March 2022.
The matter came up before Justice Lawrence Mugambi, where advocate Cecil Miller, appearing for the Registered Trustee of the Kenya Railways Staff Retirement Benefits Scheme, expressed concern that the state’s legal representative was unaware that the court had yet to deliver a ruling nearly four years after submissions were made.
Miller informed the court that he was ready to serve the application and urged the judge to set a ruling date, arguing that the dispute was old and required urgent resolution.
The court subsequently ordered the Attorney General to file a response within seven days.
Advocate Marwa was also granted the same period to comply with the court’s directions.
The parties were instructed to return to court on February 16 for the purpose of confirming compliance and fixing a ruling date.
The application seeks orders compelling Kenya Railways Corporation to facilitate the eviction of individuals described as illegal settlers from the Muthurwa Estate.
According to court documents, former High Court judge Isaac Lenaola had previously issued orders directing the petitioners to vacate the estate.
However, enforcement of the orders reportedly stalled after the Commandant of the Kenya Railways Police declined to provide security support during the eviction process.
The applicant argues that without fresh court orders, the commandant will continue to withhold police assistance, effectively undermining the enforcement of the earlier ruling.
Miller told the court that although the trustees are prepared to proceed with the eviction, they remain unable to do so in the absence of police support.
The case will be mentioned on February 16 to confirm compliance with the court’s directions and to set a date for the long-awaited ruling.
