[Source: Daily Nation, by Joseph Wangui]
The Environment and Land Court in Murang’a has ordered the Anglican Church of Kenya (ACK) to vacate a piece of land it has been occupying for more than 40 years.
Justice Grace Kemei said should the church fail to voluntarily vacate the half-acre piece of land in Kakuzi within six months, the family that is the legal owner will be free to obtain eviction orders.
When issuing the vacation order, the judge noted that the church had declined an offer by the plaintiffs to compensate them for the land at a consideration price of Sh600,000.
She said it would be unconscionable to force parties to a contract against their free will.
The plaintiffs, Francis Maina Mugo and Peter Maina Mugo, told the court that they are the registered proprietors of the land, having acquired it by way of transmission from their father Esbon Mugo Wainaina.
They said that the church, without authority, permission and any legal basis, occupied and hived out the portion of land and built a church despite their protestation.
The court heard that the church officials have been adamant in their illegal occupation of the land despite the demand to vacate.
Mr Mugo testified that their father, who died in 2014, was a member of the Ndabatabi Self-Help Group that bought 719 acres from a white settler in the early 1960s and the members were allocated individual plots in 1973 following subdivision.
He said the Church was not a member of the self-help group so it could not participate in the balloting process to warrant it being allocated any land.
But the church in its defence said it has occupied the land since 1973 and had put up a permanent building with a vicarage as it all along believed it is the legal owner of the land.
It argued that it was allocated the land in 1973 by the self-help group during subdivision of the larger farm that measured 719 acres.
The Anglican Church was allocated land for building the church and nursery school, the court heard.
The court noted that there is no indication of a church or a nursery school in the registry index map of the larger land which belonged to the self-help group.
[Full article: Daily Nation, by Joseph Wangui]
