Court gift to a squatter

 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She had her freedom after a charge imposed on her in 2017 was withdrawn by DPP.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Another matter withdrawn from the court  was that of Mary Nthambi charged with forcible detainer, malicious destruction to Property and creating a disturbance.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.

 www.themountainjournal.co.ke