Kandara magistrates court has ruled against stone miners in a case filed by the Muranga residents against a fruit grower Del Monte.
In his rulling Justice Grace Kemei blocked a group of Murang’a residents from mining stones in a quarry that is situated within a parcel of land claimed by fruit grower Del Monte Kenya.
Justice Grace Kemei said the stone miners should not enter, occupy, carry out their quarrying activities or intefere with the land, which is situated in Gatanga Sub County, pending hearing and determination of a case that they filed at a magistrate’s court in Kandara.
While overturning decision of the magistrate court to allow the stone miners to continue with their quarrying activities on the land, the judge also directed the Officer Commanding Ithanga Police Station (OCS, Ithanga) to enforce her orders.
The land, which is registered as Land Reference Number 12157, is along Chania River.
Justice Kemei overturned the magistrate’s order dated July 29, 2019 following an appeal lodged by Del Monte, which was aggrieved by the magistrate’s decision to decline to set aside the interim orders that allowed the miners continue with their quarrying activities.
She said evidence by Del Monte showed that it suffered damage as a result of the quarrying activities on the land.
“From the photographs adduced in evidence it is clear that the earth had been excavated and trees and vegetation removed ,” said judge Kemei.
The evidence also indicated that the injury to the suit land is irreparable and no amount of damages can compensate it.
The stone miners, who filed the case under the auspices of Gatanga Quarry Owners Sacco, did not file their arguments to defend their claim before the judge.
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