The High Court in Bungoma has issued conservatory orders barring any agency from demolishing properties around Kanduyi Stadium.
This development comes after a petition filed by Mr. Patrick Wangamati and Wangamati Estate Ltd seeking to stop the anticipated demolition in the wake of the stadium’s expansion plans ahead of hosting this year’s Madaraka Day celebrations on June 1.
Justice Enock Cherono, presiding over the matter, issued the conservatory orders, stating, “Conservative orders are hereby issued prohibiting and restraining Respondents from demolishing the Petitioner’s property.”
The court also granted the Respondents, including the County Executive Committee for Lands, the Governor, County Attorney and the Cabinet Secretary for Sports, a 14-day period to file their responses.
The petitioners argue that Wangamati Estate Ltd, having acquired the rights through a Lease Certificate application in mid-1969, is a valid owner of the properties marked for demolition.
BREAKING: Court stops demolition of property around Kanduyi Stadium. The High Court in Bungoma has issued orders barring any entities from demolishing property around Kanduyi Stadium, gives the respondents 14 days to file responses. pic.twitter.com/YPGmGgIYqS
— Simiyu Wakajuaness 🗨 (@wakajuaness) February 5, 2024
Documents submitted by the petitioners support their claim of ownership dating back to September 1969.
Several property owners in the vicinity of Kanduyi Stadium had earlier received a 7-day eviction notice, which is set to expire later this week.
The impending demolitions are part of a broader initiative to expand Kanduyi Stadium, currently under construction, to accommodate the Madaraka Day celebrations scheduled for June 1, 2024.
As the legal proceedings unfold, stakeholders await further developments and the resolution of the property dispute, which has raised concerns over the planned stadium expansion and potential displacement of property owners.
Over 500 residents are set to lose their livelihood resulting from the demolitions.
Among the affected is a supermarket with over 200 staff, construction workers and other businesses owners.