BY PORCUPINE ISAAC.
A high court in Bungoma has granted approval to Kenya Railways Cooperation to demolish a multi-million business complex erected on its land after protracted legal battles.
Judge Enock Cherono in a terse ruling, has terminated an earlier injunction barring Kenya Railways from demolishing ‘Shariff Centre Business Complex’ that is sitting on the corporation’s land.
“The temporary injunction orders issued pending the hearing of this suit are hereby vacated “, read the ruling in part.
He further said that the owners of the impugned property acquired it in unclear and un -procedural manner and developed it without the consent of the corporation contrary to section 16 of the Kenya Railways Corporation Act.
‘’Without a compliance with the statutory requirement of seeking and obtaining the approvals, the plaintiffs lack legal basis to claim ownership and loss as prayed in the plaint”, said Cherono.
The ruling now sets the ball rolling for Kenya Railways to move and effect the earlier notice of demolishing the structure as captured in the media notice dated 3rd Feb 2021.
Sharif Centre developers had moved to court to stop the corporation from demolishing the property, terming it as illegal.
Judge Boaz Olao in March 2021 granted the proprietors of the property ,immunity against eviction after the cooperation gave a nationwide notice to all developers along the railway line to vacate its vast land.
Through its lawyer Andrew Kituyi , the Asian directors Nazmudin Abdulahi Shariff , Atlaf Abdulahi and Firoz Abdulahi told court that they were legal owners of the land vide a lease from Bungoma municipality procured in 2005.
Judge Olao granted the plaintiffs a stay pending the hearing and determination of the matter.
Kenya Railways has further accused the developers of putting motorists in danger after erecting the building on the railways crossing .