[Source: Daily Nation, by Benson Wambugu]
Former Treasury Permanent Secretary Charles Mbindyo has obtained orders barring trespassers from his 10,000-acre land in Konza, Machakos County.
The ailing Mr Mbindyo rushed to court after persons led by Mt Justus Wainaina Njuguna invaded his expansive farm in 2015, claiming to own the land.
After hearing the case, Justice Oscar Angote of the Environment and Land Court in Machakos said there was nothing to show that the title deed held by Mr Mbindyo (LR No. 9917/4) was acquired fraudulently.
Justice Angote added that other than his legal right to own land, the proprietor of land has other incidental rights to land, including the right too use and manage it without any hindrances.
When he moved to court, the former PS said he was the registered owner of the land measuring 10,437.731 acres. He told the court that he purchased the parcel from Lands Limited, a subsidiary of the Agricultural Development Corporation, in 1989 for Sh6,567,500. The parcel was subsequently transferred to him on July 4, 1989.
He constructed his rural home on the land and practices mixed farming there. He occupied the land peacefully over 26 years until September 2015, when a group of people invaded his property.
He reported the matter to the Directorate of Criminal Investigations, who found out that Mr Njuguna had attempted to secure the registration of fraudulent subdivisions of the property.
Mr Mbindyo said the trespasser had constantly interfered with the land.
Evidence tendered in court showed Mr Njuguna was charged with forging a title deed and he failed to defend the case.
Justice Angote said the invasion smacks of impropriety. He barred Mr Njuguna, his agents or employees from moving into the land again.
[Full article: Daily Nation, by Benson Wambugu]
