Sonko bid to block sale of railways homes flops

Saturday, 30 April 2011 00:06 BY PAMELA CHEPKEMEI

Makadara Mp Gidion Mbuvi aka Sonko at the anti- corruption court Photo/File

Makadara MP Gidion Mbuvi and 17 former employees of Kenya Railways Corporation have failed to stop the government from selling houses owned by the corporation to private individuals.
High Court Judge Aggrey Muchelule ruled that no case had been made by the MP and the applicants, who are also his constituents, to enable the court to issue a temporary injunction stopping the sale.
Mbuvi and his co-applicants filed a suit against Kenya Railways and the Attorney General in a bid to stop Kenya Railways from disposing off the t South B homes. They argued that the decision breached their constitutional rights to accessible and adequate housing. The applicants also sought orders to stop the eviction of the tenants or demolition of the houses.
Their problems began when the state corporation terminated the tenancies of the former Kenya Railways employees on March 16, 2011 and notified the tenants about the impending sale by tender.
Justice Muchelule agreed with an argument by the Kenya Railways that it had a landlord-tenant relationship with the tenants. The judge said there was a contractual relationship with clear terms that had been mutually agreed between the tenants and Kenya Railways.
Furthermore, the termination letters spelt out the contract terms. On the argument constitutional rights, Justice Muchelule, said the tenants would be stretching things too far on a matter that was purely contractual. He ruled that no case had been made for him to invoke the provisions of the Constitution.