In the heart of Kanduyi, Bungoma, a recent saga has unfolded, casting a shadow on the respect for the rule of law in our society.
The planned demolitions of structures around Kanduyi Stadium have become a focal point of controversy, exacerbated by the government’s apparent disregard for court orders.
The High Court in Bungoma, in its wisdom, issued conservatory orders explicitly prohibiting the planned demolitions of the properties in question.
These orders are not mere suggestions but legal directives aimed at safeguarding justice and maintaining the sanctity of our legal system.
Some property owners have come forward, armed with what they claim are valid documents proving their right of ownership of the lease land. On the opposing side, the County Government of Bungoma argues that the structures are illegally encroaching on public land. In essence, this disagreement underscores the need for a court of law to impartially determine the veracity of these claims.
Former Bungoma Governor Wycliffe Wangamati, whose family property since 1969 is also entangled in this controversy, has taken a principled stance.
While expressing support for the upgrade of Kanduyi Stadium, a project he considers his brainchild, Wangamati urges a halt to the demolitions pending the court’s ruling. This reveals a man committed to following the law, even if it means accepting an adverse judgment against his property.
If the court has issued an order, why should the government ignore such a directive? This question highlights the disturbing trend of legal impunity that seems to permeate various echelons of our leadership.
In a ruling last week, Court of Appeal judges Lydia Achode, John Mativo and Mwaniki Gachoka ruled that public interest tilted in favour of not suspending the High Court decision, which found the housing Levy illegal.https://t.co/1cS2acIbXG pic.twitter.com/LvEGwaozht
— Nation Africa (@NationAfrica) January 31, 2024
We take a case study on the Aimi Ma Lukenya (AML) Association. AML, which claimed ownership of 4,298 acres of land, had been involved in a court battle with EAPCC management at the Machakos Land and Environment Court.
On October 9, 2023, the Machakos Court Judge, Lady Justice A. Nyukuri, declared EAPCC the legal owner of the land and dismissed the suit filed by AML Association. The demolitions began four days later.
The County Government of Bungoma should respect the fact that hundreds of people’s livelihoods are at stake and give the court a chance to determine the rightful owner of the disputed land.
Despite conservatory orders blocking demolitions in Kanduyi , Bungoma Governor @SpeakerKLusaka vows to continue with plans to reclaim public land grabbed by few individuals @KhendoBreaking #Khendonews pic.twitter.com/n9TvwOUi5a
— Khendo FM, Kenya (@khendofm_kenya) February 6, 2024
The government’s persistence in demolishing structures despite a pending court process raises concerns about its commitment to upholding the rule of law.
The recent Court of Appeal ruling declaring President William Ruto’s Housing Levy illegal emphasizes the need for leaders to abide by court decisions.
However, Ruto’s continuation of Affordable Housing projects using taxpayer money despite the court’s reservations is a worrying display of legal indifference.
In the interest of justice, fairness, and the rule of law, it is imperative that the government respects court orders and allows the legal process to unfold without interference.
Only through this commitment to justice can we build a society where the law is a safeguard against impunity, not a casualty of it.