Wamatangi moves to court, accuses Kenya Railways of defying orders in land dispute case

Kiambu Governor Kimani Wamatangi has petitioned the court seeking to have the Kenya Railways Corporation (KRC) cited for contempt, accusing it of defying court orders.

Wamatangi accuses the State corporation of continuing construction on a disputed parcel of land near Nyayo National Stadium.

The Environment and Land Court conducted a site visit along the Douglas Wakiihuri road in Nairobi to assess the situation on the ground.

The property tour, led by Deputy Registrar Judith Omollo, was to verify claims that construction and interference has persisted despite existing court directives.

Governor Wamatangi was evicted from the contested property by the Kenya Railways Corporation earlier this year, to pave way for development ahead of the Africa Cup of Nations tournament.

His lawyer, Stephen Ligunya, said: “There were court orders granted on march 11 stopping any works to be done on site…by March 16 we came to know that Kenya Railways was busy on the site, and that was the point that we were not happy with and it prompted us to file an application for contempt.”

Duncan Okatch, another lawyer representing Wamatangi, added: “Something that should be clear is that the moment there were demolitions here, there existed a court order stopping that. Post that demolition, the court gave an order restraining any construction or anything happening here because of the contestation. Post that particular action, we took our complaint to court to say that there are construction activities continuing here, and today it has been demonstrated very clearly.”

On January 14, bulldozers demolished several properties, including a restaurant and car wash belonging to Governor Wamatangi, as well as other businesses such as liquor outlets and beauty salons, in an operation supervised by security officers who patrolled the area.

The Kenya Railways Corporation subsequently defended the demolition saying the move was part of a land repossession process aimed at easing transport ahead of the 2027 Africa Cup of Nations (AFCON) tournament.

The State corporation revealed plans to construct a railway station adjacent to Nyayo National Stadium and a railway spur line from the Nairobi Central station through Nyayo National Stadium area, Kibera, to Talanta Sports City Stadium to ease movement during the AFCON tournament.

The corporation stated that all encroachers of the said land were issued with notices in advance to vacate the railway corridor to pave way for the construction of the station and spur line.

Following the demolition, Wamatangi visited the site and termed the move as “political persecution.”

"I started here in 1994 washing cars. Then I started selling cars. I have been here for years. When I took this premise, I took a 65-year lease for this property from Kenya Railways. I have been faithfully paying the fees for all those years," he stated in January.