The family of the late former Starehe MP Gerishon Kirima has been given the go-ahead to evict over 1000 squatters from its Njiru farm.
Environment and Land Judge Samson Okong’o found Kirima to be the rightful owner of the disputed property that was being claimed by numerous people.
But to save the squatters from forceful eviction, the court gave them up to December 31, to vacate and hand over possession of the property to the estate of Kirima.
“If they fail to do so, the estate is at liberty to evict them from the property,” said the Judge.
The court also gave another group 90 days to purchase some portions of the property from the administrators of the estate who are Teresia Wairimu Kirima and Anne Wangari Kirima.
Teresia is Kirima’s widow and Anne is his daughter.
For those not captured in his final orders, the Judge said they would have 90 days to present to Teresia and Anne evidence of payment for the plots in the form of original receipts issued by the late Gerrishon Kirima and evidence that they are holding the original deed plans for the plots that they are claiming.
“It is my finding from the evidence on record that Kirima issued receipts for the payments made for the purchase of portions of the land in the name of Embakasi ring road developers,” said Okong’o
During the hearing, Kirima’s daughter Anne said the estate was aware that the late MP sold portions of some two properties in Njiru to some people who had taken possession of the plots that had been sold to them.
She said she did not wish to be unfair to the people who genuinely purchased land from Kirima and that they would have no problem processing titles for them.
The judge in evaluating the case said Anne admitted that there were claimants who had validly purchased land from Kirima.
She submitted that it was her wish that they retained those parcels of land.
Six suits were filed in court by different parties in 2014. They were all consolidated.
Some were filed by the squatters seeking to be declared owners through adverse possession.
Under Kenyan law, a squatter is entitled to be declared a legal owner of the land if it’s proven that he has inhabited it for at least seven years.
Other suits were filed by the family of Kirima who were seeking to stop the trespassing of their land.
The dispute related to some parcels of land which were at all times registered in the name of Gerishon Kirima.
