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Kibos demolitions: Relief for over 5,000 families after court orders

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The Environment and Land Court of Kisumu on Wednesday issued conservatory orders in favour of the Kibos Nubian Community, regarding the demolition by Kenya Railways.

In a petition filed by the Economics and Social Rights Centre and Hakijamii on behalf of the Nubian community on the 13th of March 2020, the conservatory orders have preserved the status quo.

“That in the meantime status quo and the order made on the 13/3/2020 be maintained until hearing and determination of the Petition.” The order read.

In a press statement from Amnesty International, the verdict was made after failure of the defendants, the Kenya Railways Corporation failed to appear in court two times.

According to the Wednesday’s court order, some of the organizations petitioning on their behalf were enjoined as one “interested party” in the ongoing case against Kenya Railways Corporation.

“a.) That Kituo Cha Sheria is hereby enjoined as an interested party.”

“b.) That Kisumu Muslim Association is hereby enjoined as an Interested party.” Part of the order read.

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Furthermore, the Kibos residents were assured by the court that their case would be fast-tracked so that the hearing date would be 21st April 2021.

To follow up on this order, the order invited the Respondents (Kenya Railways Corporation), to “file and serve their responses within 14 days.”

Thereafter, the Petitioners (displaced Kibos residents) “file supplementary affidavit with submissions” within 20 days.

Mentioning of the case Petition No 01 of 2020, was set to be on the 17th of March 2021 with its hearing set for the 21st April 2021.

Human rights groups have lauded the court’s orders, saying that the displaced families suffered over the past one weeks since the demolitions.

“This order will be received with relief by the people of Kibos. It has rained very heavily everyday since their homes were devastated. While not justyice, it goes a long way to give them the space to assert their right to shelter,” said Pamoja Trust Executive Director.

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