Kisumu County: Files Unauthorized Demolition Lawsuit

• An Early Childhood Development (ECD) school and a church along Kisumu-Kakamega Road were illegally demolished in the early morning hours.
• Kisumu County officials, including Education CECM John Awiti and Acting City Manager Fredrick Mariwa, condemned the act as unauthorized.
• The county asserts the demolished structures were on public property and no demolition certificate was issued by the city administration.
• Investigations are underway, and Kisumu County vows legal action against those responsible for the unauthorized demolition.
• The incident traumatized 24 learners, disrupting their education, and resulted in significant damage to school furniture.

This incident underscores the legal risks of conducting or advising on property demolitions in Kisumu without verifying proper authorization and due process, as the County is actively pursuing litigation against those responsible for unauthorized actions on public land.

An Early Childhood Development (ECD) school and an adjacent church, both situated along the Kisumu-Kakamega Road, were subjected to an unapproved demolition, prompting swift condemnation from Kisumu County officials. The Joel Omino Community Group of Kenya (CGK) ECD School, a vital educational institution, was among the structures razed in the early hours of a recent Sunday. School center manager Felista Wanjiru reported receiving notification of the destruction around 5 am, arriving to find the buildings already reduced to rubble. Church members were observed attempting to salvage their belongings amidst the debris, highlighting the sudden and disruptive nature of the event.

The immediate aftermath revealed significant damage to school property, with chairs, tables, and cupboards broken during the operation. While some furniture was successfully recovered and transported to another school for safekeeping, the incident left 24 learners, comprising 14 boys and 10 girls, without their regular learning environment. This abrupt displacement has caused considerable trauma among the children, making an immediate return to classes at the original site impossible. The county has since committed to engaging parents to explore alternative educational arrangements for the affected students.

Kisumu County has declared its firm intention to initiate legal proceedings against individuals responsible for the unauthorized demolition, emphasizing that the structures were located on public land. Education County Executive Committee Member (CECM) John Awiti, who visited the site to assess the damage, expressed profound dismay at the incident. He noted the county's complete surprise, particularly in light of unverified claims suggesting the involvement of a court order. Awiti underscored that any enforcement action, even if legally sanctioned, must adhere strictly to Kenya's demolition due process, which includes considering the welfare of affected individuals, especially children.

Acting City Manager Fredrick Mariwa further corroborated the county's position, stating unequivocally that his office had neither received any application for demolition nor issued a demolition certificate for the exercise. Mariwa asserted that the demolished property belonged to the county, stressing that no entity possesses the authority to unilaterally destroy public assets. He confirmed that a comprehensive investigation is actively underway to identify those accountable for this act, with a stern warning that all culpable parties will face appropriate legal consequences. This incident underscores the legal risks of conducting or advising on property demolitions in Kisumu without verifying proper authorization and due process, as the County is actively pursuing litigation against those responsible for unauthorized actions on public land.

The circumstances surrounding the Joel Omino ECD school demolition have brought to the forefront critical questions regarding adherence to legal protocols and the protection of public land. The county's assertion that the property is publicly owned, coupled with the absence of official demolition permits, points to a significant breach of established procedures. Chief Officer for Education Bovince Ochieng described the event as 'unfortunate,' highlighting that unknown individuals targeted government property, necessitating the involvement of the county attorney to support the ongoing investigations.

The county's cabinet is set to deliberate on the next steps, signaling a unified approach to addressing this challenge. The commitment to a Kisumu County unauthorized demolition lawsuit reflects a broader effort to ensure that all future property disputes and enforcement actions in the region are conducted with transparency and respect for the rule of law. This proactive stance aims to prevent similar incidents and reinforce the principle that due process must be followed, safeguarding both public assets and the well-being of the community, particularly vulnerable groups like school children.

This incident underscores the legal risks of conducting or advising on property demolitions in Kisumu without verifying proper authorization and due process, as the County is actively pursuing litigation against those responsible for unauthorized actions on public land.

Source: Original reporting via Kenyan news sources