The High Court has given the Attorney General seven days to respond to an application linked to the long running Muthurwa Estate eviction dispute in Nairobi.
The case has dragged on for almost four years despite clear court orders that required action. The delay has raised concern among parties who say justice has been denied through inaction.
Justice Lawrence Mugambi issued the directions after learning that a ruling made in March 2022 had not been enforced.
The judge noted that the matter was filed in 2022 yet it remains unresolved to date. He said the court cannot allow orders to remain on paper while parties suffer losses.
Lawyer Cecil Miller appeared in court on behalf of the Registered Trustee of the Kenya Railways Staff Retirement Benefits Scheme.
He told the court that the State had failed to move the matter forward. Miller said even the Attorney General representative seemed unaware that a ruling had been pending for years.
Miller informed the judge that the trustees are ready to carry out the eviction of people described as illegal occupants.
However he explained that enforcement has stalled due to lack of police support. Without security from the Kenya Railways Police the eviction exercise cannot proceed.
Court records show that former High Court Judge Isaac Lenaola had earlier ordered the occupants to vacate Muthurwa Estate.
The order was meant to allow the trustees to take possession of the property. This process stalled after the Commandant of the Kenya Railways Police declined to provide officers.
According to the application before the court the refusal by the police commandant has frustrated the execution of lawful court orders.
The trustees argue that they cannot risk violence or chaos without proper security. They insist that police support is a legal requirement during such evictions.
Justice Mugambi directed the Attorney General to file a response within seven days. Advocate Marwa who is also involved in the matter was given the same timeline. All parties were ordered to appear in court on February 16 to confirm compliance.
The court will then set a date for the long awaited ruling in the case. The decision is expected to determine how the eviction will finally be carried out. For now the spotlight remains on the Attorney General to act within the given time.
Residents and trustees now wait anxiously as the court pushes to act