The family of former Attorney General Joseph Kamere has obtained a court order blocking a group of individuals alleged to be squatters from encroaching on a parcel of land in Nairobi’s posh Runda estate.
Environment and Land Court judge Christine Ochieng ruled that Mr Simon Kamere, son of the late AG, had established a case with high chances of success to warrant interim orders, blocking trespassers from the property.
Despite Kamere's family holding the title deed, according to Justice Ochieng, a group led by Richard Pani Wamalwa had trespassed on the land and deposited construction materials with the intention of erecting structures.
Former Attorney General Joseph Kamau Kamere.
Photo credit: File | Nation
“It follows that since the defendants have deposited building materials, threatened to erect illegal structures and purported to subdivide the land, the plaintiffs will suffer irreparable harm. Therefore, the balance of convenience indeed tilts in favour of granting the Kamere's an interim injunction,” ruled the judge.
Mr Simon Kamere said his parents — Sophia Muthoni and Joseph Kamau Kamere — were the registered owners of the parcel identified as Nairobi Block 194/320, formerly 5989/6. Mr Kamere was AG between 1981 and 1983.
He told the court that his parents enjoyed quiet possession of the property until October 2024, when unknown persons led by Mr Wamalwa, purporting to be squatters, trespassed onto the land. A complaint was made at Runda Police Station.
The family and ICEA Lion Trust Company Limited moved to court, claiming the alleged squatters had started depositing construction materials with the intention of erecting illegal structures on the property.
"And unless restrained by the court, they will proceed with the construction, a move that would occasion the estate irreparable loss and damage," submitted Mr Simon Kamere.
Mr Wamalwa opposed the case, arguing that it was the former AG’s family that had deposited stones to put up a perimeter wall on the property. However, he told the court, the public objected since the land was compulsorily acquired by the government for the construction of the Northern Bypass.
He said the land was not fully utilised as part of it remained a road reserve. He contended that citizens had a right to protect public property.
Mr Wamalwa denied being present on the day of the alleged trespass, adding that the attempt to grab the land started way back in 2015.
He produced a letter by the Githogoro Residents Association on October 1, 2015, in relation to the property and urged the court to preserve public property and not aid the family to perpetuate an illegality.
Mr Wamalwa stated that in January 2025, Kenya Urban Roads Authority [Kura], together with their surveyors, held a meeting on the property, which he also attended, together with neighbours and Kamere’s family, to identify beacons.
He insisted that all beacons were traced and a verdict reached that the contested land is part of a road reserve.
Mr Wamalwa reiterated that during the said meeting, it emerged that the family had leased the land to Truce Lounge, Clyn Garage, North Baptist Church and other entities who were informed that their businesses were being conducted on a road reserve.
To buttress his case, Mr Wamalwa tabled a copy of the map of the area while asserting that the family had deliberately avoided suing the right government entities.
He added that Kura and Githogoro Residents Association should be joined in the proceedings, to enable the court to determine all the contested issues.
But the Kamere family maintained that there was no proof of the allegations that the land was a road reserve or public property.
Mr Kamere said a temporary injunction was required to protect their rights from threats of violation, "which are acts that cannot be compensated by an award of damages."
"Perusing the documents presented by all the parties, there is no doubt the family holds the title to the land," observed Justice Ochieng.
Although Mr Wamalwa told the court that the land was public property, the judge said he did not tender any gazette notice to support his argument.
Furthermore, the judge noted that there were no minutes to show that Kura had held the said meeting.
“Therefore, pending the hearing and determination of the suit, an order of injunction is issued restraining the defendants from dealing with conveying, subdividing, encroaching or trespassing on land parcel, Nairobi Block 194/320 formerly LR. No. 5989/6,” ruled Justice Ochieng.
