NLC ordered to probe claims of land occupation in Voi
NLC ordered to probe claims of land occupation in Voi.
The National Land Commission (NLC) has been directed to investigate claims by some residents of Sofia Riverside in Voi that they occupied the parcel of land now set aside for public use by a State agency.
The Environment and Land Court (ELC) also directed NLC to make appropriate recommendations on the resident’s interest in the land or their resettlement within 180 days.
The said parcel of land has been acquired for use by the National Transport and Safety Authority (NTSA).
Justice Edward Wabwoto sitting in Voi, Taita Taveta County further ordered that pending compliance with the order to NLC, there shall be no eviction of anyone residing on the land at the time of filing the case.
“The court has not been furnished with any evidence as to whether the intended eviction will follow the laid down provisions of the law. This court cannot just sit back and wait for the intended evictions to be undertaken, albeit without following the applicable provisions of the law,” ruled Justice Wabwoto.
The over 50 residents who have also sued the attorney-general have laid claim to the land on the basis of their continuous occupation of it from the time of their ancestors in 1936.
The court noted that it can be inferred that the petitioners claim to the land is with regard to acquisition by way of adverse possession having been on it for over 12 years.
“On this particular aspect, it is evident that a claim of adverse possession cannot be maintained on government public land,” ruled Justice Wabwoto.
The court noted that it was evident that the petitioners had not adduced any documentary evidence demonstrating their ownership right to the land and can therefore not maintain a claim for violation of their right to property under the Constitution.
“While it is clear that the petitioners have not been able to bring any evidence or documentation showing their ownership of the land, it is evident that they have been residing on the land and have put up structures and other properties on it, a position which was not controverted or denied by the respondents,” said Justice Wabwoto.
Justice Wabwoto noted that the court recognises that there may be instances when eviction of people residing on public land may be necessary however there is a need to follow due process to those to be affected.
“It is not for the respondents to merely state that people are residing on public land and ought to be evicted,” ruled Justice Wabwoto.
According to the petitioners, the land is situated in Voi near the Voi River bridge and is totally distinct from the NTSA offices and inspection area.
They told the court that they have been residing in the area since 1936 and they had a meeting on October 2 2005 upon which they resolved not to vacate the land.
The petitioners contended that the petition had been filed seeking to address issues of historical land injustices and that they have been in continuous occupation and acquired rights over the land.
The petitioners claimed that the respondents' actions were in breach of their right to protection of property, loss of economic and social rights contrary to the Constitution.
They also argued that having occupied the land for 80 years they deserve to be issued with ownership documents and that they had a legitimate historical injustice complaint lodged in the National Assembly and County Assembly.
On their part, the respondents said the petitioners had not demonstrated proof of the land nor provided the title or allotment letters, and have no colour of right to it.
The respondent argued that the land is public property and cannot be claimed for use by the petitioner.
According to the respondent, the petitioners ought to have raised their issues with the NLC and that they had not exhausted the alternative dispute resolution mechanism before filing the petition.
