- On Tuesday, the Magistrate convicted Kariuki of the offence, noting that Muchiri had proved to be a landowner as he presented the valid documents to court.
- He also observed that despite having no legit documents, the accused was building on the land.
Image: SHARON MWENDE
A Ruiru Court has rendered a verdict of guilt against a man for the offence of forcible detainer, contrary to the law.
Section 91 of the Penal Code states that "Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land is guilty of the misdemeanour termed forcible detainer."
The magistrate's court sitting on Tuesday found that Wilson Waweru Kariuki had committed the said misdemeanour on March 5, 2021.
According to the Prosecution, on the said day within Ruiru subcounty in Kiambu, he held possession of the land under parcel ballot No L14 certificate No 8380 of Githunguri Constituency Ranching Company LTD.
This is despite the land belonging to one Mwangi Muchiri.
"…Without colour of right, you held possession of the said land in a manner likely to cause a breach of peace or reasonable apprehension of a breach of peace against Mwangi Muchiri who is entitled by law to be in possession of the said piece of land," a charge sheet presented in court read in part.
Kariuki was arrested on August 20, 2021, and almost a year later on July 19, 2022, he was arraigned before the Ruiru Magistrates Court.
He pleaded not guilty and was released on a cash bail of Sh20,000.
When the trial began, the state called six witnesses including Muchiri and the Chairperson of Githunguri.
At the completion of the hearing, the court found that Kariuki had a case to answer and in 2023, he was placed on defense.
The same was completed and the court set a judgment date.
On Tuesday, Magistrate Charles Mwaniki convicted Kariuki of the offence, noting that Muchiri had proved to be landowner as he presented the valid documents to the court.
The Magistrate also observed that despite having no legit documents, the accused was building on the land.
"The court found that you used force to use or rent out another's land. The court finds that you are guilty, and you will be sentenced according to the law," Magistrate Mwaniki ruled.
He ordered the probation office to submit a report to the court to facilitate the sentencing decision.
The sentencing will be on April 24.