In a long-standing legal battle, the late billionaire Gerishon Kirima's two widows, Teresia Wairimu and Anne Kirima, have emerged victorious in the dispute over the ownership of a multi-billion-acre piece of land in Njiru, Nairobi County, Kenya.
Delivered on Monday, a ruling by Kisumu Environment and Lands Court Judge Samson Odhiambo Okong'o has ordered the 300 applicants who laid claim to the land, once the site of Njiru Abbatoir, to vacate the premises by December 31, 2023.
The case, initiated in September 2014 by John Otieno Obade and 299 others, was based on their argument that they were the rightful owners of the approximately 80-acre parcel, asserting ownership through the concept of adverse possession. Adverse possession entails acquiring land by using it without permission for an extended period, leading to potential legal ownership rights.
However, Judge Okong'o concluded that the group could not substantiate their claim over the land. He stated, "The plaintiffs in this suit have no valid claim over L.R No. 6825/2 (the Njiru area land)," as outlined in the ruling.
To prevent forceful eviction from the property, the judge granted those in actual occupation of L.R No. 6825/2 until December 31, 2023, to vacate the premises and hand over possession to the estate of G.K. Kirima. Failure to comply would result in the estate's liberty to evict them from the property.
The complainants, including the two widows named as respondents, had also requested the court's permission to subdivide the parcel among themselves. They argued that they had maintained uninterrupted, exclusive, and continuous occupation for over 14 years, making substantial developments on the property.
The claimants contended that they were unaware of the land's legal owner until they were served with a copy of ownership on September 17, 2014, and, as such, should not be evicted without being offered alternative settlement and housing.
The Kirima family had accumulated most of their wealth from this expansive piece of land, covering 500 acres. The Njiru Abbatoir, situated on this property, once slaughtered hundreds of cattle daily but faced numerous legal battles and family disputes that nearly extinguished the business.
Ongoing family conflicts negatively impacted the facility's operations. For instance, the abattoir's cattle slaughtering rates had dwindled significantly, from 300 per day to just three per day, as reported in 2014.
The abattoir's location on family land also led to ongoing construction by private developers, although the family sought a court injunction to halt these developments.
Two additional parties, Kamatuto Self Help Group and Naridai Muoroto Self Help Group, who claimed the land was public property, also faced defeat in their court cases.
Judge Okong'o has directed both self-help groups to vacate the land by the end of the year.