The Busia High Court has barred 22 businessmen from taking over a piece of land belonging to Busia Airstrip
The decision was made following a pending petition that was filed by Okiya Omatata to prevent developers from grabbing the piece of land.
Justice Anne Omollo who presided over the case said that the pretition had a high chance of winning.
“From the foregoing analysis, I reach a finding that the application is merited. I proceed to grant the orders as prayed,” Judge Omollo ruled.
She went on to issue conservatory orders restraining the respondents whether by themselves or their servants or agents from occupying, causing any damage, cultivating, developing, converting to using, transferring or alienating Busia Airstrip land including land registering as private property under the deeds or subdivisions pending hearing and determination of the suit.
In his petition, the activist argued that land grabbing reflected how Kenyans rights were compromised.
He further asked the court to dispose off the question of the rightful owner, claiming it would help the court by giving descriptive history
“That it is overriding and overwhelming interests of justice that it’s disposed to determine whether or not Busia Airstrip land is a public property,” the petition by Omtatah read in part.
The County governemnt of Busia supported Omtata’s petition by arguing that the investors fraudently and illegally obtained titles to the piece of land by putting their selfish interests first.
In an affidavit to the court, chief officer of the county government in charge of Lands, Housing and Urban Development Everlyne Teresia Mbingi said that the businessmen’s action is a classic example of the fraud perpetrated affecting the land in issue duly acquired, reserved and utilised by the government of Kenya as Busia Airstrip land from 1960s.
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