Embakasi East MP Babu Owino has come out to defend occupants of the Njiru land after the Environment and Land court ruled that it belongs to the family of the late former Starehe MP Gerishon Kirima.
Speaking to the press, Babu insisted that the land belongs to his Embakasi East constituents.
He argued that the people residing in the land acquired it through "Adverse possession", as he faulted Judge Samson Okong’o for having made a mistake in his ruling.
"The Judgement arrived on Monday, the Judge had made a mistake in the decision that this said parcel of land does not belong to the people of Embakasi East Constituency," Babu said.
Adverse possession refers to a situation where a trespasser to land can claim property after the lapse of a determined period of 12 years.
It also requires that the occupation of the said land must be open and notorious, exclusive, hostile, and continuous and uninterrupted for the prescribed period of time.
The occupant must also not have permission from the owner of the said land.
According to the Embakasi East MP, the occupants who are his constituents meet all requirements for adverse possession of the 1,000-acre Njiru land.
Babu has also vowed to appeal the decision, insisting that the land must be handed to his constituents.
"We are going to appeal this decision and because this matter is of public interest, it must reach the Supreme Court and this parcel of land must be given to my people through adverse procession taking into account the requirements that I have just read."
He, however, noted that they will also seek to come to an agreement with Kirima's family over the matter.
Babu said he would not sit and watch his people lose their property, calling on them to fight back, should it get there.
"As their MP it is my inherent duty to defend the rights of my constituents."
The Environment and Land court following the ruling on Monday gave the squatters 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.
