The Environment and Land Court Monday gave unregistered occupants of a parcel of land belonging to late tycoon Gerishon Kirima seventy days to vacate or face evictions on January 1.
This was given in consolidated suits touching on claims of adverse possession by at least 300 people.
The oldest suit was lodged in 2011.
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 within Nairobi’s Embakasi region, dismissing assertions of adverse possession as unmerited.
This may lead to a crisis of evictions if the parties involved do not agree.
“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 up to 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 said 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.”
Okong’o further said 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 dismissed claims by Self Help Groups identified as Kamatuto and Naridai Muoroto on similar grounds.
Okong’o however allowed prayers by ten defendants and ordered administrators of Kirima’s estate to conclude the sale of affected portions within 90 days.
The ruling was an expected shocker given what has happened to a similar group in Athi River, Machakos County where families lost property in a demolition exercise by the government.
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