Former Kitui Governor Charity Ngilu has successfully reclaimed a prime property in Mombasa, previously occupied by squatters, following a protracted three-year court battle.
The Environment and Land Court in Mombasa ruled in favor of Ngilu, ordering the eviction of the squatters and awarding her 10 million in damages for trespass.
The property, estimated to be worth 150 million, borders the Mombasa Port and is located near the Mombasa-Nairobi highway. Justice Lucas Naikuni ruled that Ngilu and her family had sufficiently proven their ownership, dismissing the squatters’ counterclaims of adverse possession and fraud.
“A declaration be and is hereby made that the plaintiffs are entitled to an exclusive and unimpeded right of possession and occupation of the land,” Justice Naikuni stated.
Justice Naikuni added that the squatters were “wrongfully in occupation” and declared them trespassers. The court issued a permanent injunction to prevent any further trespass or interference by the squatters, along with an order for their eviction.
“An order of eviction be and is hereby issued against the defendants from the land in question. An order granting vacant possession do and is hereby issued for the land to the Plaintiffs,” said the judge.
The court further directed the Officer Commanding Station (OCS) Chaani Police Station to enforce the eviction order. Additionally, Justice Naikuni recommended that the National Land Commission (NLC) consider resettling the squatters through compulsory acquisition of the land to ensure a peaceful transition.
In an alternative proposal, the court suggested the squatters purchase the land through an agreement with Ngilu’s family within 90 days to avoid forcible eviction.
The ruling ends a contentious property dispute, with squatters asserting they had occupied the land for over 12 years, while Ngilu maintained her family’s legal ownership, backed by court-issued succession documents.
