By The Weekly Vision
Embakasi North MP Mwangi Gakuya has been caught flat-footed while trying to grab a plot belonging to Amani Trustees Ltd in court case No. (ELC NO. E211 of 2022) at The Environment And Land Court In Nairobi. Amani Trustees Ltd claimed to be the registered owner of the land parcel L.R.209/12002 (I.R.60669) situated along Jogoo Road in Nairobi County measuring 0.150 hectares of which they have had possession of the said land from 31.12.2008 to date.
MP Gakuya, Marvie Safaris Ltd and Rikana Supermarket encroached upon the suit property. During the trial, one Ahmed Rashid Jibril testified as the director of Amani Trustees Ltd and revealed that he bought the property from one Elijah Kipkemoi Langat on 31.12.2008 and was duly issued with a certificate of title, however on 4.9.2014, Amani Trustees Ltd found that there were trespassers/ land grabbers on their land, but they managed to evict them. During the process of eviction, Gakuya turned up claiming to be the owner of the suit property.
Amani Trustees Ltd claimed that due to the continuous acts of trespass by Mr Gakuya and his team since 2014, they have been unable to develop, lease out or sell the suit property. He added that Rikana Supermarket has illegally, unlawfully and without any justification constructed a wall structure on the property which amounts to encroachment on the said land.
Based on the above, Amani Trustees Ltd claimed Ksh. 24 million as profits from 2014 when the acts of trespass commenced. In a ruling dated 8th June 2023 by Judge Lucy N. Mbugua, the judge noted “In the final analysis, I find that plaintiffs have proved their case of trespass as against the 1st and 2nd defendants as from year 2021-2022 only. Thus an order of permanent injunction is hereby issued against the 1st and 2nd defendants and their agents restraining them from trespassing upon plaintiffs’ land parcel 209/12002”.
The court further directed that the 1st and 2nd defendants (Hon. James Mwangi Gakuya and Marvie Safaris Limited respectively) are directed to remove any structures/materials which they have put on the suit property within 30 days of failure to which, the plaintiff is at liberty to evict them or remove the said structures/materials”.
