The Mt Kenya Times 
Athi River Demolitions
By: Joseph Mutua Ndonga
Worth Noting:
- This fury emanated from ongoing demolition of the residential houses and public structures in Athi River, Machakos county.
- Records showed that they had been built on a grabbed land owned by East African Portland Cement Company. The company had moved the court. The demolition was a culmination of protracted legal battle that had dragged on for more than 10 years.
- In a ruling delivered a few days earlier, the judge of the Land and Environment Court noted. Upon listening to submissions presented by the parties involved in this case, I have come to a conclusion that this land is owned by the cement manufacturing company.
Since he assumed office, President William Ruto has been walking the talk in fidelity to the constitution and laws of the land.
Noting about the critical role that the Judiciary was playing as the custodian of law and in administration of justice, Dr Ruto in various occasions minced no word in vowing to respect the decisions of the courts.
We have a robust and vibrant constitution and in light of this the provisions were very clear. You have a right to file an appeal if you disagree with the rulings.
President Ruto’s commitment to this course had been put to a big test through the cases filed by the President of the Law Society of Kenya (LSK) and Busia Senator Okiya Omtata.
Ruto’s response. It is your right to file your respective cases. The government will respond appropriately by filing counter arguments. The judges will deliver final verdicts. We will respect them and I would expect you to do the same.
During the Raila Odinga led Azimio demonstrations, the President read the same script. You are free to hold your protests so longer as you follow the law to the letter and spirit. Article 37 of the constitution was explicit that such demos ought to be peaceful. This means protestors must be unarmed and their representatives only allowed to carry written petitions.
Given this background, I totally disagree with Kamba leaders latest bare-knuckled attacks on President Ruto.
This fury emanated from ongoing demolition of the residential houses and public structures in Athi River, Machakos county.
Records showed that they had been built on a grabbed land owned by East African Portland Cement Company. The company had moved the court. The demolition was a culmination of protracted legal battle that had dragged on for more than 10 years.
In a ruling delivered a few days earlier, the judge of the Land and Environment Court noted. Upon listening to submissions presented by the parties involved in this case, I have come to a conclusion that this land is owned by the cement manufacturing company.
The land had been grabbed and so those residing there are occupying it illegally.
These are the orders. They should vacate this land immediately. If not, the cement company should seek the help of the government to remove them.
It is worth noting that this matter had roped in Cabinet Secretary Alfred Mutua when he was the governor of Machakos. In a letter he wrote to the relevant arms of government he decried the grabbing of this land.
The information I have shows the land belongs to Portland Cement Company.
I urge you to commence the investigations and speedily sort out this matter.
I’m persuaded to believe this letter which is currently circulating in social media is authentic. Mutua have not denounced it.
Given this scenerio, the Kamba leaders had no justification to take on President Ruto. The attacks were in bad faith and politically motivated.
Majority of those evicted were Kambas. They were out to cast a picture of holier than thou that they cared for them.
The onslaught was being led by Wiper leader Kalonzo Musyoka and Governor Wavinya.
The former have been a defacto leader of the Kamba community for as long as one can remember.
For more than 10 years, he knew this was a disputed land. As a lawyer, I’m sure he also knew the cement company stood a high chance of winning the case. Has he ever play any role to save these people? If yes, he should tell us.
For Governor Ndeti, I heard her lamenting that she had called President William Ruto before the demolitions started.
She alleged that the President did not heed her call to stop the evictions.
The decision had already been made by the Lands Court. So, she wanted Dr Ruto to defy the court order.
President Ruto would not fall prey to her trap. Such a move would have been interpreted to mean he was preaching water and drinking wine.
For the governor, I want to ask her. What efforts had you made before to stop the evictions? You knew the matter was in court. Why do you wait until the last minute?
If indeed Kalonzo and Wavinya cared for thier people, I would have expected them to seek to have this matter sorted out of court.
This is by first talking with management of the cement company and persuading them to withdraw the case.
We would have expected to hear them seeking audience with President Ruto over the same matter.
It is also worth noting the dispute had been existence since the era of President Mwai Kibaki and his successor Uhuru Kenyatta. One may ask. Did they ever brought this matter to thier attention?
I heard Wavinya saying that Kambas have many ways of dealing with those they consider to be thier enemies. She fell short of disclosing one of them is a curse (kithitu).
If you opts to do this, you should curse yourselves.
As leaders, you failed your people of Kamba nation.
It was also wrong to condemn the GSU police officers. They had not broken any law. The law allows them to ensure court orders are obeyed and respected.
Joseph Mutua Ndonga is a writer and political analyst based in Nairobi
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