The Environment and Land Court on Monday, October 23 ordered unregistered occupants of a parcel of land belonging to late tycoon Gerishon Kirima seventy days to vacate or face evictions on January 1.
In a consolidated verdict, 300 settlers last the case which had been in the corridors of justice for over 10 years. The oldest case was filed in 2011 over the ownership of the land in Njiru, Embakasi region.
Justice Samson Okong’o, sitting at the Kisumu Law Courts, ruled that the 300 had no valid claim on the parcels they occupied in Njiru.
“The plaintiffs in this suit have no valid claim over L.R No. 6825/2,” he ordered while dismissing a suit filed in 2014.
“To save them from forceful eviction from the property, I hereby give those of them who are in actual occupation of L.R No. 6825/2 upto and including 31st December 2023 to vacate and handover possession of the property to the estate of G.K. Kirima in default of which the estate shall be at liberty to evict them from the property,” Justice Okong’o directed.
The judge concluded that the settlers were trespassers having failed to demonstrate that they settled on the said parcels after securing consent.
“The plaintiff has proved that the defendants did not obtain his consent before entering into his said parcels of land and commencing construction thereon,” Justice Okong’o ruled.
“The defendants were in the circumstances trespassers on the said parcels of land,” he observed.
Justice Okong’o further noted that he would not have hesitated to award the Kirima estate damages for the illegal occupation had its counsel made a submission seeking such reliefs.
The court further dismissed claims by Self Help Groups identified as Kamatuto and Naridai Muoroto on similar grounds.
Justice Okong’o however allowed prayers by ten defendants and ordered administrators of Kirima’s estate to conclude the sale of affected portions within ninety days.
The eviction notice came months after East African Portlands won a case in Athi River which saw hundreds of houses demolished in the pieces of land acquired illegally.
