Former Kitui Governor Charity Ngilu has successfully reclaimed a prime property in Mombasa that had been invaded and occupied by squatters after a three-year court battle.
The parcel, worth Sh150 million, according to court documents, borders the Mombasa Port and is near the Mombasa-Nairobi highway.
The former Lands Minister breathed a sigh of relief on Tuesday after the Environment and Land Court in Mombasa not only ordered the eviction of the squatters but also directed the invaders to pay her Sh10 million in general damages for trespassing on the property.
Justice Lucas Naikuni ruled that Ms Ngilu and her family, who were the plaintiffs, established their case as pleaded in the filed documents against the squatters, who were the defendants.
“Therefore, I proceed to award them the costs of their suit and the counter claim. A declaration be and is hereby made that the plaintiffs are entitled to exclusive and unimpeded right of possession and occupation of the land,” said the judge.
The judge dismissed the squatters' claim for adverse possession and fraud, stating that Ms Ngilu had proven her ownership of the property on a balance of probabilities.
Justice Naikuni further declared that the squatters, whether by themselves or their servants, are not entitled to remain on the land in question.
“A declaration be and is hereby made that the defendants, whether by themselves, or their servants are wrongfully in occupation and possession of the parcel of land and are accordingly, trespassers on the same,” said the judge.
The judge further issued an order of permanent injunction prohibiting, preventing or restraining the squatters, whether by themselves or agents, from remaining ,trespassing on, wasting, alienating or otherwise interfering or dealing in the land in question and for the unconditional release, handover and return of the same to the Ngilus.
“An order of eviction be and is hereby issued against the defendants from the land in question. An order granting vacant possession do and is hereby issued for the land to the Plaintiffs,” said the judge.
Alternatively, Justice Naikuni issued what he termed social and benevolent measures to be undertaken by the state, through the National Land Commission (NLC), to avert a crisis by ensuring that the squatters are resettled on the property before their eviction.
The judge suggested that the NLC consider, within 30 days, the doctrine of compulsory acquisition of the land in question by purchasing it from the Ms Ngilu family for the purpose of settling the squatters, thereby promptly, fairly, and justly compensating the plaintiffs for the compulsory acquisition of their land.
“The defendants accept the offer to purchase the portion of land they occupy by entering into mutually agreed terms and conditions at a reasonable and equitable rate within the next 90 days from the date of this Judgment,” said Justice Naikuni.
Ms Ngilu has been embroiled in a battle over the ownership of the property with squatters who invaded and erected structures on it.
While some claim they have occupied the property for more than 12 years, others assert they have called the disputed land home for over 30 years.
The squatters told the court that they have not seen Ms Ngilu or any of her family members on the property since they began residing there more than 20 years ago.
The squatters argued they are entitled to a portion of the property, having occupied it for over 12 years, as required by law to claim ownership.
"I know that the law states one can claim adverse possession and win, provided they have lived on the disputed property uninterrupted for at least 12 years. This is why we are seeking the court's intervention," said one of the squatters, Robert Goshi.
Court records indicate that the property, known as Subdivision Number 2427 (Original Number 2402/5) Section VI Mainland North, belongs to Michael Mwendwa Ngilu, but it was invaded by individuals who have constructed houses on it.
Mrs Ngilu defended her legal rights to the property, stating that she assumed ownership after being appointed the personal representative of her late husband's estate.
"We have, at all material times, enjoyed peaceful, uninterrupted, and exclusive occupation and possession of the subject property after obtaining the requisite documents," she said.
To support her case, the former Land Cabinet Secretary presented a copy of the Confirmation of Grant issued to her by the court in the Succession Cause filed in 2012.
The politician filed the case alongside Lunde Jemi Mwendwa, Mwende Katethia, and Syalo Ngilu Mwendwa. They sued 19 individuals who represent the squatters occupying the land in question.
