Man wins 12-year fight for land

A man has won a 12-year battle with his sister-in-law over a prime piece of land on the outskirts of Nairobi, ending a decade-long row that has been heard by four judges. PHOTO/FILE 

In Summary

• The long-running court battle, which started in 2001, passed through four High Court judges, with former Appellate judge Daniel Aganyanya declining to deliver his judgment in 2010 after claims of bribery emerged during the hearings.
• During the expansion of the Nairobi-Nakuru highway, the government compulsorily acquired the entire portion belonging to Mr Geoffrey Ndung’u and part of Mr Ndirangu’s.
• However, his sister-in-law — Ms Karanja — claimed that the entire portion of Mr Ndirangu’s land had been taken by the government and that the remaining portion was part of her land.

By PAUL OGEMBA
More by this Author

A man has won a 12-year battle with his sister-in-law over a prime piece of land on the outskirts of Nairobi, ending a decade-long row that has been heard by four judges.

Mr Justice Hatari Waweru of the High Court ruled in favour of 71-year-old Peter Ndirangu Kinuthia saying that he legally inherited the half acre plot at Muguga along the Nairobi-Nakuru Highway from his father and ordered the family of his sister-in-law to vacate the land within 14 days and pay him Sh800,000 for wrongful eviction.

The long-running court battle, which started in 2001, passed through four High Court judges, with former Appellate judge Daniel Aganyanya declining to deliver his judgment in 2010 after claims of bribery emerged during the hearings.

According to Mr Ndirangu, his father, Amos Kinuthia, subdivided their family land into three equal portions among his three children; himself, Mr Geoffrey Ndung’u Kinuthia and Mr James Karanja Kinuthia who passed on and the title of his portion transferred to his wife Mary Njoki Karanja.

During the expansion of the Nairobi-Nakuru highway, the government compulsorily acquired the entire portion belonging to Mr Geoffrey Ndung’u and part of Mr Ndirangu’s.

Mr Ndirangu went ahead to develop the remaining quarter acre of is portion and built a five-bedroom house.

However, his sister-in-law — Ms Karanja — claimed that the entire portion of Mr Ndirangu’s land had been taken by the government and that the remaining portion was part of her land.

In August 2001, Ms Karanja through the help of police officers from Kikuyu Police Station evicted Mr Ndirangu and his family from the disputed land.

It was then that Mr Ndirangu filed a suit in court.

But Ms Karanja died before the matter could be determined after which her children took over as respondents.

Justice Waweru was satisfied that Mr Ndirangu’s land was not entirely taken for the expansion of the highway and that although the land borders that of Ms Karanja, it was separately registered.

“It is therefore unthinkable that he was evicted from his own piece of land,” ruled Judge Waweru.