Squatters seek land after living in it 17 years along the Eastern By Pass 

The Mountain Journal

editor@themountainjournal.co.ke

Eleven squatters have  moved to the Environment and Land Court  in Nairobi seeking orders to be allowed to own 7.7 acres of land they have been living in for the last 17 years uninterrupted.

The squatters led by David Mokua  argue that the titles to the land were fraudulently acquired by the alleged owners who have since evicted them from the parcel of land at the border of Kiambu and Nairobi counties, after they were served with the  suit documents.

They further points having lived on the parcel of land  for 17 years uninterrupted they have all the rights to own the land through adverse possession, as provided under Kenya’s Limitation of Actions Act 

On Thursday,  the ELC Deputy Registrar visited the disputed parcel of land in Infinity area in the Eastern By Pass after Justice Oscar Angote ordered it to ascertain  if there are developments in the land and if indeed that land is occupied by any individual or individuals.

The squatters argue that  four individuals with titles on the suit land acquired them  fraudulently between 2009 and 2015.

Mokua argued that they were thrown out of the land and their houses demolished this year after they moved to court.

 “Last year, Azofco general merchants , Commercial International Bank Kenya Limited, were involved in a legal tussle over the suit land over a Sh180 million, before the land was auctioned and bought by Joel Kanyi Kimani at Sh70 million,” reads part of the plaint.

The Judge on July 9th ordered for the visit, as he fixed the matter to be mentioned on October 22,  to fix a ruling date.

Lawyer Josec Atemo  for the squatters said the court had issued a status quo order on the suit land after the respondents moved to evict them.

“ We are ready to fight it in court to demonstrate how the title deed in the possession of the respondents is fake,” said Atemo, holding a brief  for lawyer Edwin Yator Ruto.

The squatters  led by David Mokua in a plaint  argue that they settled in the land diverse dates from January 2008, took full possession, utilization and occupation of the suit property and developed it with houses, external kitchens, water and electric connections among others. 

 The respondents are Kahuho Kuogothoka, Josagara academy, Azofco general merchants , Commercial International Bank Kenya Limited, Joel Kanyi Kimani, Josephine Njeri Ngugi, registrar of titles, and Chief Land Registrar.