Family of judge Daniel Musinga among tens facing eviction over land row
Joseph Musyimi Ndolo, the first Kenyan post-independence army Major-General, in happier days. His family is fighting for his multimillion-shilling estate.
Over 90 families, among them that of the President of the Court of Appeal Daniel Musinga, face eviction from a 3,000-acre land they have been occupying for over 30 years in Makueni County.
The land is being claimed by Ms Elizabeth Kamene Ndolo, the widow of former Chief of General Staff, Maj-Gen Joseph Musyimi Ndolo.
Ms Ndolo claims her family did not sell the parcel to the aggrieved families.
She states that she holds the title to the property now occupied and developed by the over 90 families.
The others who face eviction from the disputed land include a former Registrar of Motor Vehicles Emily Mwelu Gatuguta and a prominent city lawyer, Muema Kitulu , who has over 70 acres.
None of them has a title deed to the pieces they hold and have lived on them, claiming to have bought the land over 30 years ago. Some have filed cases seeking to compel the land registry to issue them with title deeds for their individual parcels. The cases are still pending, awaiting determination at the Court of Appeal.
Without any eviction orders, agents of Ms Ndolo, the beneficiary of the estate, have begun to demolish properties of those occupying the land.
In a suit filed by lawyer Kyalo Mbobu, the aggrieved families state in court papers that they bought their portions from the late Josiah Kaumbulu and his son Jerome Mwanthu Kambulu, to whom they claim the late Maj-Gen Ndolo had sold the 3,000 acres.
In the case which Mbobu says is extremely urgent, the families are asking the court to intervene and save them from eviction.
In support of the case, Mbobu has attached two previous judgements of Justice J M Mutungi and Justice Charles Mbogo where earlier attempts to evict the families was stopped by the court.
Mbobu says in the Justice Mutungi decision, Elizabeth had sought orders to secure back the land occupied by Kitulu and 84 others in vain.
The judge ruled: “The application dated February 27 2014 is devoid of merit and I order the same dismissed with costs to the respondents (kitulu and 84 others).” “Unless this case is heard and disposed of urgently, the applicant will suffer irreparable loss and damage should the respondent (Elizabeth) either by herself, her agents and or servants succeed in illegally evicting the plaintiff from his 60 acre farm,” said the Mbobu.
