•The Judge ordered the couple to compensate Kathungu with Sh43 million as loss because his land has been illegitimately unavailable to him since the year 2000.
•The Kiaries, who own several strategically positioned commercial buildings in Embu, were directed to demolish the building within 60 days.
An Embu tycoon has been ordered to demolish half of his storied building, erected on grabbed land, and compensate the owner with Sh43 million.
Njue Kiarie and his wife Janet Kiarie received the heavy brow after the Embu Environment and Land court ordered them to pull down part of their Morning Glory Plaza near KCB Bank in the central business area.
Justice Yuanis Agima said the land on which the building stands belongs to Cosmas Kathungu, who is a neighbour of the plaintiff.
The Judge ordered the couple to compensate Kathungu with Sh43 million as loss because his land has been illegitimately unavailable to him since the year 2000.
The Kiaries, who own several strategically positioned commercial buildings in Embu, were directed to demolish the building within 60 days.
The judge gave the verdict in a successful case which the plaintiff lodged 19 years ago through his lawyer Duncan Okwaro against Kiaries and several other county and national government officials protesting encroachment of his land.
In the matter filed on February 28, 2000, asked the court to force Kiarie to knock down his structure on his plot number Embu /Municipal/1503, with which they share a border.
Kathungu claimed that Kiarie constructed his one storey premises on his land leaving only a three meter stretch of 50 by 100 plot despite his vigorous protests.
The court ordered that if the Kiaries do not demolish the building then Kathungu should do so at their cost.
The judge said the plaintiff had proved his case against the defendants beyond any reasonable doubt and thus he had no alternative but to give out the orders.
The judge said the defendant would pay the plaintiff Sh192, 000 per month with effect from December 1, 2000, until the date of the judgment, amounting to 43 million, and would attract interest at court rate from the date of the judgment until paid in full.
The court dismissed an application against the National Land Commission, the Chief Land Registrar, the director of the physical planning, direct of survey, Embu county government and the Attorney General.