[Source: The Standard, by Ignatius Odanga]
Nine individuals, who claim to be genuine owners of Busia airstrip land, now want trucks that are currently parked on the controversial parcel removed.
There are at least 200 heavy commercial vehicles parked at the airstrip waiting for clearance by Ugandan authorities before they can cross the border.
James Wairagu, Joseph Gitu, Millicent Wakonyo, Mary Wanjiru, Samwel Ndungu, Duncan Ndungu, John Kimari, Stephen Kanjuru and Teresia Wambui sought orders from Environment and Lands Court (ELC) in Busia barring Busia County from interfering with the land.
The then ELC Judge in Busia SM Kibunja granted the applicants orders restricting Busia County, its employees, contractors, agents or persons working under the devolved unit from interfering with the land until the determination of the suit the nine have filed.
In his ruling, the judge noted that the applicants produced copies of title documents to the suit lands and extract of a parliamentary debate that clearly showed they had a prima facie case.
“That temporary injunction is hereby issued against the respondents, their servants, employees, contractors, agents or persons working under them or under their instructions from interfering with the applicants’ rights as registered proprietors of the suit lands, Bukhayo/Bugengi/3643, 3544, 3645, 3647, 3081, 3078, 3077, 3079, 3080, 1604 and 2789 pending the hearing and determination of this suit,” ordered Kibunja.
The decision by the county and national government to redirect heavy commercial vehicles to be parked at the airstrip due to lack of trailer park has irked the nine petitioners. They are accusing the county and national governments of going against the court orders by allowing trucks to be parked at the airstrip.
“The county was barred from using the land for any purpose until the case at the High Court is determined, but they have gone ahead to direct truck drivers to park there,” said Gitu.
In 2015, the county and Transitional Authority (TA) filed an application at the Environment and Lands Court in Busia before Justice Antony Kaniaru seeking that National Lands Commission (NLC) be enjoined in the matter.
[Full article: The Standard, by Ignatius Odanga]
