Machakos court cites senior police officers for defying injunction in land dispute

The Machakos Law Court has cited senior police officers in Mavoko Sub-County for contempt after they failed to enforce a court order halting the demolition of properties on disputed land.

Homeowners on L.R No. 8784/1 in the Daystar area had moved to court under a certificate of urgency, seeking protection from forceful eviction.

On January 27, 2025, Senior Principal Magistrate James Omburah issued a temporary injunction barring Kilimanjaro Construction Limited, Lalji Hirani, Daystar University, and other respondents from demolishing structures, excavating, or carrying out construction on the land until the application was heard on February 10, 2025.

However, during the virtual mention of ELC Suit No. E066 of 2025 on February 10, the plaintiffs’ lawyer, Anita Mwende, informed the court that despite the order being served to the OCS Athi River Police Station and the OCPD Athi River East on January 28, demolitions proceeded under police protection, amounting to harassment of innocent residents.

She argued that the police officers’ failure to uphold the court order had gravely prejudiced the applicants, whose properties were being demolished.

Meanwhile, the second respondent, Lalji Hirani, sought to file a preliminary objection against the suit, while a lawyer claiming to represent Daystar University applied to be enjoined in the case.

Magistrate Omburah warned that failure to comply with court orders would result in penal consequences. He extended the temporary injunction to March 17, 2025, when the application will be heard and determined.