Kiambu County sued for ‘invading’ sh. 100m land.

A section of the disputed land in Kiambu Town that the county government wants to put up a bus terminus to decongest the town.
The High Court yesterday issued an injunction restraining Kiambu County Government (KCG) from invading or occupying a portion of land belonging to the Postal Corporation of Kenya (PCK).

Environment and Lands Court judge Justice Lucy Gacheru barred the county government, its agents and servants from encroaching on the undeveloped three-quarter acre portion of land on Kiambu Municipality Block 2/284 valued at about Sh100 million pending the outcome of the dispute.

She also directed KCG to file a response within seven days to facilitate an expeditious hearing on October 25.

“An order is issued restraining the county or its agents from interfering with the applicant’s land, cutting down the trees, or destroying structures therein pending the hearing of the suit,” ruled Gacheru.

The application was filed by the corporation and Fave Gas Oil Limited, claiming their land had been illegally invaded by people believed to be county employees. 

Postmaster General Dan Kagwe claim to have written a protest letter to the National Land Commission (NLC) accusing the county government and members of the public of unauthorised occupation of the undeveloped portion of the property.

It is alleged that the county government had demolished seven unoccupied residential housing units and flattened the grounds. Kagwe explained that the State-owned parastatal had written to Kiambu Governor Ferdinand Waititu complaining about the matter on October 3 but no response was forthcoming.

He added that the corporation had signed a lease agreement with a businessman to put up a petrol station on the land.

The land was leased to James Mungai for 10 years and the businessman had paid a Sh143,000 fee to the county for change of user.

PCK is assessing the damage on the property.

Kagwe said the only recognised tenant on the plot was Fave Gasoil (Kenya) Ltd, which has signed a lease agreement with PCK and is in the process of securing necessary operational approvals from the county government. The letter was copied to Lands Principal secretary Nicholas Muraguri, Information and Communications Cabinet secretary Joe Mucheru and his Devolution counterpart Mwangi Kiunjuri.

The disputed piece of land is located next to Kiambu Post Office is registered and in the corporation’s name started.

Last week, earthmovers invaded the property and started demolishing houses. Trees on the land were also cut down.

Reports say the Kiambu county government wants to use the land to construct a bus park. The construction of the terminus was expected to be completed before the end of this month. The project is geared towards easing congestion in the town by giving matatus an alternative place to pick and drop commuters.

The case will be heard on October 25.

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