The Mountain Journal
Struggle for land in
Mithini village in Makuyu Muranga has taken a new twist with a squatter who had
been charged with trespass freed. Nancy Muthoni, charged with trespass and
forcible detainer of the land her family has settled, was freed by Kigumo
court.
She had her freedom after a charge imposed on her in 2017 was withdrawn
by DPP.
Kigumo Principal
Magistrate Ms Joan Irura released her after the prosecution lodged a nolle
prosecue application after the witnesses’ in the case failed to turn up for the
hearing.
There was pomp
and dance as the villagers who had accompanied Muthoni celebrated the ruling.
The Magistrate
in her ruling observed that the criminal justice process is out of bounds for
idle prosecutions. The court established that Simon Mwangi was not
keen in pursuing the matter but interested in punishing the suspect.
“ The process used to
harass people in land disputes. The land related disputes must be resolved
appropriately by the Land and Environment Court (ELC),” ruled Ms Irura.
Muthoni was
represented by lawyers from the Defenders Coalition who fight for the
rights of the citizens.
She was charged on September 18, 2017
with forcible detainer against Simon Mwangi.
She was also charged
with trespassing on the land registered Kakuzi/ Kirimiri / Block/ 8/928 of
Mwangi.
Led by Pricillah
Wambui Thuku, the residents among them elderly celebrated the ruling calling on
the government to allocate the 1,500 residents with title deeds.
She regretted
that since 2017 the residents have not known peace as they are harassed by the
rich misusing the provincial administrators in pursuit to own the land
earmarked for squatters.
“ We have suffered in
the hands of the administrators and the police and unavailable witnesses when
required to testify in court,” said Wambui.
Another matter
withdrawn from the court was that of Mary Nthambi charged with forcible
detainer, malicious destruction to Property and creating a disturbance.
She was arrested on
2/7/2020 and the hearing failed to take off.
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