The Environment and Land Court has dismissed a case by over 30 people who claimed to have been evicted by the Kenya Airports Authority (KAA) on their ancestral land bordering Moi International Airport, Mombasa.
Justice Nelly Matheka ruled that the plaintiffs failed to establish their case. The judge noted that the plaintiffs’ witnesses admitted that they do not have title to the land and photographs produced as exhibits were undated and it was not possible to tell from them when the demolitions happened.
“There is no description or title deed of the land which was produced in court. There is no surveyor's report produced; neither can this court determine the location nor the ownership of the suit land,” ruled the judge.
She said that it was impossible to determine whether or not there was any illegal eviction.
The plaintiffs had sought a permanent injunction to restrain KAA from evicting or further demolishing their homes or interfering with their occupation of the land.
They also wanted the court to issue an order compelling KAA to resettle them on the said land and also pay for damages for wrongful eviction.
The plaintiffs argued that they have occupied, lived and farmed for more than 30 years on the said land and that on February 21, 2020, the authority and its agents descended on their crops and homes and completely destroyed them.
KAA told the court that the plaintiffs have not been in occupation or possession of any land that borders Moi International Airport and that it did not evict anyone from their land.
