Settlers on Kirima’s land in Njiru have until December 31 to leave or face bulldozers
Settlers living on the land of the late billionaire Gerishon Kirima in Njiru, Nairobi, have until 31 December to leave or face eviction.
Kisumu Environment and Lands Court Judge Samson Odhiambo Okong’o granted ownership of the land to Kirima’s widows Teresia Wairimu and Anne Kirima after battling the squatters since 2003.
In a ruling on Monday, Justice Okong’o gave the 300 claimants to the land, which once housed Njiru Abbatoir, until 31 December 2023 to vacate.
In the suit filed in September 2014, John Otieno Obade and 299 others argued that they were the rightful owners of the parcel, estimated at 80 acres, claiming that they acquired it by adverse possession.
Adverse possession is when someone uses land without permission for a long period of time, which often leads to legal ownership.
“The plaintiffs in this suit have no valid claim over L.R No. 6825/2 ,To save them from forceful eviction from the property, I hereby give those of them who are in actual occupation of L.R No. 6825/2 up to and including 31st December 2023 to vacate and handover possession of the property to the estate of G.K.Kirima in default of which the estate shall be at liberty to evict them from the property,” the ruling read in part.
According to the ruling, the settlers were trespassers because they had failed to prove that they had settled on the land after obtaining consent.
The plaintiffs argued that they only became aware of the legal ownership of the land when they were served with a copy of the title on 17 September 2014. Therefore, they could not be evicted without being offered alternative settlement and housing.
The court also dismissed applications by self-help groups known as Kamatuto and Naridai Muoroto on similar grounds.
Justice Okong’o granted the prayers of ten respondents and ordered the administrators of Kirima’s estate to complete the sale of the affected portions within ninety days.
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