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| Accused Nairobi MCA Elijah Irura |
The Environment and Land Court sitting in Nairobi has declared that Jayantilal Kachra Shah is the sole and absolute owner of land known as LR No 42/2/1/1 consiting of 12.75 acres less 2.4 acres for road reserve, situated in Njiru are in Nairobi.
Justice K Bor further ordered a permanent injuction against the Defendants Elijah Mputhia Irura, who is the Member of County Asembly (MCA) for Njiru Area, and Peter Mbugua Mutinda an official of a group described as Budalangi Valley Self Help Group, as well as their agents or servants from entering, alienating, contructing anything in or dealing with the suit property.
In a case filed in Milimani Court through lawyer John Ogada, the plaintiff Jayantilal Kachra Shah stated that the MCA and a group who were calling themselves Budalangi Valley Self Help Group had trespassed into his land and were trying to subdivide it into smaller plots and which they would sell to other people.
Mr Shah further told the court that on 7th August, 2019 the defendants took a group of people into his property and these people were chanting “muhindi must go, muhindi must go” and the defendant warned him that they would take possession of the property by force if he would not give up the property. He said that his fence on the said property has been felled down by agents of the defendants.
Lawyer John Ogada told the court that Mr Shah who is his client had occupied the property for over 40 years and was running a textile business on the property. The lawyer added that Mr Shah who is over 80 years old is a Kenya citizen and has the right to own and quitely enjoy the use of his property without discrimination
The Defendants on their part claimed that they had been living on the land and that it belonged to them by adverse possession. According to them, it was the plaintiff who had blocked a public road. The defendants later withdrew their claim and agreed that the land belonged to Mr Shah and the court then made an order declaring the land belonged to Mr Shah.
The court also issued a permanent injuction against the Defendants, their agents or servants from entering, alienating, constructing anything in or dealing with the suit property.
The court ordered that 2.4 acres indicated in the plaintiff’s title as being a road reserve should strictly be used for that purpose and is not open for Budalangi Self Help Group to encroach onto that land and convert it to their own use. The MCA and the co-defendants were ordered to pay the costs of the suit.
