More than 300 families of the Kogony clan in Kisumu were dealt a blow after a court dis- missed their suit.
The families were hoping to compel the Kenya Airports Authority (KAA) to open up a key road next to Kisumu International Airport.
Environment and Lands Court in Kisumu gave the KAA a temporary relief to continue barricading the road that it said belongs to the government.
The community was hoping to overturn KAAs claim to the parcel after the authority erected a fence along a road passing through the land and allegedly started imposing levies on those using.
The residents had lodged a petition at the court and sought orders to compel the authority to remove the fence and open up the road.
They claimed the road was the only one serving Usoma village, located between the airport, the Kenya Ports Authority (KPA) depot and Lake Victoria.
They will be compelled to adjust to the new developments after Justice Antony Ombwayo dismissed the application.
According to Justice Ombwayo, the land in contention was issued to KAA in 1948.
"I have considered the application, submissions on record and do find that the land in dispute belongs to the government and precisely to the Kenya Airport Authority having been acquired in 1948" said Ombwayo.
In the suit filed by five residents of Usoma Village, the community wanted the court to prevent the agency from restricting their access through the parcel and charging levies for road use.
"The community, comprising more than 300 families, have now been denied their freedom of movement and the right to enter, remain and reside in Usoma Village" read their petition in part.
The residents termed the decision by KAA to introduce airport entry fees on those using the road prejudicial. They also alleged that KAA sealed off an alternative road they were using to access their homes.
They claim their situation had been worsened by the rising waters of Lake Victoria, which has rendered other roads impassable. Justice Ombwayo said the petitioners failed to demonstrate irreparable loss if the injunction is not granted, as they can use alternative roads to access the city of Kisumu.
The judge noted that the only issue now is whether their forefathers were compensated after the government acquired the land.
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