Kisii Governor James Ongwae is rocked in a property ownership dispute with a group of traders in Nairobi’s Embakasi.
After the court validated his ownership, the governor is now pushing to effect a court order he obtained in 2011 that ordered the illegal settlers out.
Members of Embakasi Artisans Jua Kali had been laying claim to the half-acre land but lost their legal battle eight years ago.
Ongwae wants the settlers who have occupied his land for 23 years to vacate to enable him develop it.
The governor had sued Embakasi Artisans Jua Kali and six other officials for encroaching on his land after he legally bought it in 1996.
In 1998, Justice Hannah Okwengu ruled that the land legally belonged to Ongwae.
The governor bought the land then from now Kitutu Chache North MP Jimmy Angwenyi at a cost of about sh400,000 but the property’s value could have shot up to over Sh40 million.
Angwenyi was listed as the original grantee of the piece of land measuring 0.5 acres on L. R No. 9042/R.
“It is clear from section 23( 1 ) of the registration of titles Act, that a certificate of the title issued to a purchaser of land up on a transfer provides conclusive evidence that the person named on the certificate is the absolute and indefeasible owner,” Okwengu ruled.
The ruling was delivered September 9, 2011.
During the hearing, Ongwae sought orders declaring that the settlers are not entitled to enter, occupy or use the parcel in any way.
The governor had also sought an injunction restraining the squatters and all other members whether by themselves, their servants or agents from remaining on the land.
Ongwae had also sought an eviction order, damages, and any other relief the court may deem necessary.
want title nullified
Those sued included Lawi Otieno, Anne Njambi, Nyingi Nyanjui, Samuel Nzuki, Philip Mbova and Richard Onyango. The six had told the court that they had been occupying the land that they said was given to them verbally by retired president Moi.
However, when challenged in court, they did not produce any ownership documents. The group wanted the title nullified.
Previously, the case was before Justice Onyancha on November 10, 2009, before he was transferred out of Nairobi and Okwengu took over.The matter was fixed for hearing November 17, 2010.
However, the case did not proceed as the defence counsel was said to be unwell.
It was again listed for hearing May, 11, 2011, the same day that defence counsel opted to close his case as his witnesses “were not cooperating.” During the hearing of the case, the six did not make any submissions.
The parties had agreed to file written submission but Ongwae was the only party to submit.
Among the documents that Ongwae filed are a copy of transfer documents showing that the land was duly transferred and registered in June 19, 1997 on the original grant.
Ongwae told the court that the land was vacant when he bought it. In 1998, he found structures erected.
The legislator sued the encroachers and obtained temporary injunction stopping continued encroachment, but the encroachers continued developing a four-storey building
The parcel had since been divided into various subdivisions and allocated to 670 people. The star, on a visit on Tuesday last week found out that there are still encroachers on the parcel.
The governor was awarded Sh 500,000 for general damages and cost of the suit. It was not clear how they built a four-storey building without ownership documentation and occupying the land for over 20 years.