Oct 21, 2021

Mawazo Writing Africa

Writing about the main

Thousands face eviction as KU gets nod to repossess land

This came after a court canceled titles issued 21 years ago based on an order from then President Daniel Moi.

After 19 years of dispute in court over ownership of the property in Kamae Kahawa, the university has received court approval to evict residents and reclaim the land.

Eviction Order

Justice Loice Komingoi stated, while issuing the eviction order in the dispute that began in 2002, the landowners as intruders.

Justice Komingoi rejected the landowners claim to the land according to the legal doctrine of prejudicial possession.

Those who will be affected by the order include Property developers who have bought land and built commercial buildings.

Legal evidence suggests there are multi-story buildings on the property, some of which are up to five stories tall.

The Richter said the developer ger could not claim the upper hand in terms of ownership of those who sold them the land.

The judge added that the said sellers did not have any particular cover titles on an alleged property or part of the university property.

Other inmates claimed they received their respective properties from the canoe regime under President Jomo Kenyatta and Daniel Moi.

While the judge dismissed the residents’ claim to the land through adverse possession and found that a court order was issued in 2003 banning both the university and the plaintiffs from exploring the plea.

Four residents, all defense witnesses, admitted in court that construction work as well as interference were carried out.

“The result is that the character of the property has changed dramatically, with both residential and commercial buildings. The said order was made amicably and the defendants (the illegal owners of the land) knew about the order, “said Judge Komingoi.

Landowners

She further stated that a claim was prejudicial Possession cannot be asserted at the same time as a claim to property as the two are mutually exclusive.

In their defense, the residents of the country had argued that they should have lived there for more than 12 consecutive years declared owners of their respective properties.

They had also claimed the land based on allocation letters from President Moi’s government in 2000.

“A right to both prejudicial property as well as admitting property in relation to the property in suit would mean allowing the plaintiff to approve and disapprove. There is no right to prejudicial property in relation to public or state land, ”the judge ruled.

The squatters had claimed that they had received the land from President Jomo Kenyatta in 1966 and 1967.

< They later turned to President Moi, who allowed them to settle in the country, and ordered that they be issued allotment letters. A surveyor went down and set the boundaries.

A witness, Mr. Kamau Wanjau, said the residents of Kamae are now about 10,000. Another witness testified that in 2000 President Moi ordered that an additional 70 acres be added to residents known as the Marengeta squatters. The instruction was made at a public rally in Korogocho, Nairobi, on November 22, 2000.

Then Nairobi Provincial Commissioner Cyrus Maina showed them the border, which is currently the northern bypass. A survey was conducted and allotment letters processed.

But Judge Komingoi ruled that said allotment letters, issued on an instruction from President Moi, could not override a properly registered title.

“The university was registered by the Kenyan government as a tenant of the university land on October 1st, 1977 and a corresponding grant was granted. Said alleged allotment letters were issued on July 29, 2002 for properties that allegedly stood on university property while the said grant existed, “said the judge.

She noted that the allotment letters included the names of the district council in whose name they were issued, and no one referred to the land register number 11026/2 – the disputed land.

Part of the plaintiffs’ evidence in court was a clipping of a Kenya Times Newspaper report on President Moi’s directive to issue allotment letters.

However, the judge said after reading the article it appeared that the president was referring to land near Kenyatta University and not university land.

Squatters

In any case, the judge continued, the university land has already been allocated to her and it has a title deed.

The Evidence presented in court showed that it was wrong The property was not state land as it had already been sold and owned by the educational institution, so it was not available for further alienation and assignment to squatters.

The disputed land measured 150 acres, but in 1984 the donated Establishment of 30.82 hectares for 670 squatters. The Land Ministry then drew up a survey plan.

The educational institution later fenced in their land to prevent further interference, but the fence and concrete piles were removed. It then decided to dig trenches. The intruders erected permanent buildings despite court orders issued in 2003 at the start of the legal battle.

To deter the intruders, the university published additional reservations in 2009 and 2014.

The institution said, they intend to use the suit lot to develop dormitories for 10,000 students and build a Doctor’s Plaza.

They also intend to build living quarters for the staff of the Kenyatta University Teaching Training and Referral Hospital (KUTRH). < / p>

The university stated that the interests of the illegal rural residents threatened the advancement of education for more than 70,000 students from across the country.

“Indeed, the greater public interest that this Has litigation against the interests of a few people should be duly taken into account, “said the judge in her judgment.

She stated that the university is ready to give out of the 30.82 hectares, which it donated in 1984 to the originally 670 squatters.