Thousands face eviction from Kirima land after court verdict

Thousands of families living on 1,000-acre land belonging to the late billionaire Gerishon Kirima are staring at evictions after a court ruled in favour of the former MP’s family.

Consequently, the Environment and Land Court has given the unregistered occupants of a parcel of land estimated to be worth Sh5 billion 70 days to vacate or face evictions on January 1.

The judgment comes barely days after another court in Machakos gave the East African Portland Cement Company (EAPCC) in Athi River the green light to evict settlers who had illegally invaded its land leading to an uproar from the opposition and the public.

It was a big win for Kirima’s two widows, Teresia Wairimu and Anne Wangare after the High Court declared the multi-billion-shilling 1,000 acres of land in Njiru, Nairobi county belongs to them.

In a judgement delivered by Kisumu Environment and Lands Court judge Samson Odhiambo Okong’o, the court gave the 300 applicants laying claim to the land that once hosted Njiru Abattoir until December 31, to vacate the estate that belongs to Kirima.

According to the judge, the thousands of various occupants except the Kirima’s currently who have settled at the estate have been declared illegal trespassers and are all required to vacate by the end of the year or be forcefully evicted.

Kirima’s widows

The judge, however, allowed 100 purchasers whose respective sales are to be completed by the two widows of Kirima who are the administrators of the estate.

“Teresia Wairimu and Anne Wangari as the administrators of the estate of Gerishon Kirima, deceased shall within a period of ninety (90) days from the date hereof complete the sale of portions of several plots to the 100 purchasers including Geoffrey Mungai Thiong’o and Paul Ndung’u Kioi,” the judge ruled.

While declaring the 1,000 acres of land estate belongs to late Kirima, Justice Okong’o noted the petitioners who include John Otieno Obade and 299 others could not lay ownership of the land.

“The plaintiffs in this suit have no valid claim over LR No. 6825/2 (the Njiru area land),” the judge ruled. “To save them from forceful eviction from the property, I hereby give those of them who are in actual occupation of L.R No. 6825/2 up to and including December 31, 2023 to vacate and handover possession of the property to the estate of GK Kirima in default of which the estate shall be at liberty to evict them from the property,” Justice Okong’o added.

The decision by the court comes after Otieno and over 299 petitioners moved to court in September 2014 claiming that they were the rightful owners of the parcel estimated at 80 acres. In its suit, in which the two widows had been named respondents.

Adverse possession

According to the petitioners, they had informed the court that they acquired it through adverse possession. The complainants had also requested the court to allow them to subdivide the parcel amongst themselves.

In their submissions, they argued that they had lived on the parcel for more than 14 years and had ‘uninterrupted, exclusive and continuous occupation’ and made substantial developments on the property.

The claimants argued that they only learned of the land’s legal owner when they were served a copy of ownership on September 17, 2014. As such, they argued that they could not be evicted without being afforded alternative settlement and housing.

Expansive land

According to previous reports, the Kirima family made most of its wealth on the expansive piece of land which measures 500 acres. During its heyday, the abattoir slaughtered hundreds of cattle a day but the business was almost extinguished by winding court battles and family wrangles.

“Due to family wrangles, business at the facility has deteriorated. For instance, the abattoir used to slaughter 300 cattle per day. However, the number had reduced to three cattle per day,” a 2014 report on the status of abattoirs stated.

“The abattoir is located on family land on which construction by private developers is being undertaken although the family has moved to court to seek an injunction stopping the ongoing developments.”
Suits by two other parties, Kamatuto Self Help Group and Naridai Muoroto Self Help Group, which claimed the parcel was public land also lost their court case.