Lavington Land Dispute Clarified by Judiciary
On Monday, the Judiciary weighed in on the detention of an elderly couple in Lavington over a contested parcel of land.
As previously reported, the judiciary disclosed in a statement that no court orders were issued regarding the disputed property.
“A mention date for directions has been set for September 18, 2023,” As a result, no court orders have been issued regarding the properties in question,” reads a portion of the statement.
The Judiciary has assured the public that the Environment and Land Court will render an impartial verdict in the pending civil case.
A portion of the statement read, “We remain prepared to provide clarification regarding the process whenever necessary to preserve the integrity of the proceedings.”
According to the Judiciary, Mahesh Kumar Bhatti and Anita Bhatti (applicants and land occupants) filed a lawsuit against Malkiat Singh Assi and Munir Ahmed Chowdhary (landowner).
The applicants sought joint ownership of the parcel of land based on adverse possession.
Notably, adverse possession states that a person in possession of land owned by another can acquire valid title to it if certain conditions are met.
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Judiciary added that pending the hearing and determination of the application, the court issued an injunction prohibiting the respondents and anyone affiliated with them from interfering with the applicant’s peaceful use, occupation, and possession of the land.
However, according to a previous statement issued by the Directorate of Criminal Investigations (DCI), British resident Munir Ahmed submitted a complaint after being denied access to the plot in February 2023, despite having been granted access in previous years.
In response to the complaint, DCI arrested the occupants for the offense of unlawful detention in violation of sections 91 and 36 of the Penal Code.
Section 91 of the Penal Code states, “Whoever, being in actual possession of land without right, holds possession of it in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land, is guilty of the misdemeanor known as a forcible detainer.”
DCI added that the occupants of the land in question did not provide the investigators with any ownership documentation.
Kenyans protested that the police were being used to seize land from unsuspecting Kenyans, particularly widows and senior citizens.
Lavington Land Dispute Clarified by Judiciary
