Kakamega County Wants the Eviction Case Dismissed in Court.
source: The star
The Kakamega county government now wants the high court to dismiss a complaint attempting to block the eviction of some tenants on the grounds of lack of jurisdiction.
The county administration requested dismissal of the claim in a notice of preliminary objection filed on Wednesday, arguing that the court lacked jurisdiction to hear the case.
The tenants of Otiende and Amalemba estates initially filed the suit, requesting that the court stop their eviction from the county government dwellings.
According to Article 162(2)(b) of the Kenyan Constitution and Section 13 of the Environment and Land Court Act of 2011, the high court lacks jurisdiction to hear and decide the notice of motion and petition dated August 24, 2023.
“Take notice that the respondent will at the hearing hereof raise a preliminary objection for determination in limine and seek to have the petitioner’s entire notice of motion and petition be struck out or dismissed,” the notice of objection filed on Tuesday reads.
“The entire notice of motion application and petition herewith dated August 24, 2023 is fatally defective, incompetent, misconceived, misplaced, and an abuse of this honorable court’s process and ought to be dismissed with costs,” the notice continues.
The county wishes to have the temporary injunction orders issued by Justice P.J. Otieno on August 24, preventing it from evicting tenants from the two estates pending the hearing and determination of a petition filed by tenants set aside or vacated, and costs awarded. Justice D.K. Kemei, sitting in Bungoma High Court on Wednesday, directed the county to file and serve the petitioner with the preliminary objection by September 15.
He directed parties to present their separate submissions orally on September 20, after which the ruling date on the court’s jurisdiction to hear the case will be announced.
Judge Kemei also extended interim orders issued to Onono on August 24 by P.J. Otieno, preventing the county from evicting the renters until the preliminary objection is heard and adjudicated.
After a failed attempt by county enforcement authorities to evict tenants from the Otiende housing scheme on August 22, Onono went to court through M/S Amasakha & Company Advocates and secured conservatory orders.
He sued the county as an individual renter and on behalf of the occupants of the Otiende and Amalemba housing developments.
According to Onono, the county’s vacation notices given to renters on May 2, 2023, demanding them to hand over the residences by July 31 or face being evicted are illegal and violate their fundamental rights and freedoms.
He contends that the decision to require the tenants to vacate the houses by July 31 was unjust because the respondent failed to provide them with alternative housing, despite the fact that they had requested it.
According to the renters, the county government refused to provide them with lease and tenant purchase agreements in accordance with the original housing policy.
“Members of the Otiende Estate Site and Service Scheme and Amalemba Rentals Site and Service Scheme applied for and were allocated these houses from the dwellings constructed by former local authority through financing by the National Housing Corporation (NHC). The allocation was done on the understanding that it was to be followed by a lease agreement with an option to purchase,” said Onono.
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