The Kiambu High Court has stopped a contentious affordable housing project in Githunguri following a dispute between the government and Kikuyu elders.
Justice Bahati Mwamuye has ordered the contractor to demolish the perimeter wall and vacate the site immediately.
Last week, the elders were blocked by police from accessing the disputed land to perform rituals, but they conducted the rites by the roadside.
They held a symbolic traditional ritual breaking a calabash as a sign of a curse against individuals and authorities they accuse of undermining Kikuyu heritage.
The conservatory orders stop any form of development on the 58-acre parcel of land pending the full hearing and determination of the petition.
“THAT a conservatory order be and hereby issued directed at the Respondents, jointly and severally, and whether by themselves or through their agents, servants, employees, or any person acting under their authority or together with them within a multi-agency framework from excavating, developing, alienating, or in any manner interfering with or further excavating, developing, alienating”, the orders state.
“or in any manner further interfering with the land and/or historical sites situated at Githunguri Kiawairera ( LR. No. Githunguru/Githunguri/Township 801, 26, and 27) including but not limited to the National Monuments under Gazette Notices 244 and 245 of 2011 including but not limited to the site of the Thingira wa Iregi, Historic Gallows, MAU MAU graves, and the MAU MAU Veterans Stadium pending the full hearing and determination of the Petition herein”, the judge stated.
The contractor is also directed to remove all machinery, equipment, and fencing on the site.
“The respondents, together with their agents, servants, and/or associated persons to immediately remove all machinery, equipment, and remove all fencing from the aforementioned sites immediately and to immediately restore the status quo ante as it obtained immediately before the impugned actions pending the full hearing and determination of the Petition herein”, the order reads
The Respondents have also been restrained from taking any adverse action that would likely render this petition nugatory or change the nature and character of the aforementioned sites.
