The High Court has given the Attorney General a seven-day deadline to respond in a long-pending case over the eviction of alleged illegal occupants from Muthurwa Estate in Nairobi.
The matter, which was first filed in 2022, has remained unresolved for almost four years, causing frustration for the Kenya Railways Staff Retirement Benefits Scheme trustees.
Justice Lawrence Mugambi issued the order after noting that despite previous court directives, the case had not progressed. The judge also scheduled a court appearance for all parties on February 16 to determine a date for the ruling.
Advocate Marwa, representing other respondents, was given the same seven-day period to comply with the court’s directions.
Advocate Cecil Miller, representing the trustees, expressed concern that the state had yet to take action. He said the Attorney General’s representative appeared unaware that a ruling had been pending since March 2022.
"We are ready to serve the latest application and we urge the court to prioritise this matter," Miller told the court. "The prolonged delay has stalled enforcement of earlier court directives."
The application seeks a court order directing the Kenya Railways Corporation to support the eviction of individuals described as illegal settlers from the Muthurwa Estate. Records show that then-High Court Judge Isaac Lenaola had previously ordered the occupants to vacate the property.
Implementation of that order has been delayed after the Commandant of the Kenya Railways Police reportedly refused to provide security for the eviction. According to the trustees, this refusal has blocked enforcement of the court order, preventing them from proceeding with the eviction exercise.
Miller added that while the trustees are prepared to carry out the eviction, they are unable to do so without police assistance. The case will return to court on February 16 to verify compliance with the High Court’s instructions and to set a date for the final ruling.
