Babu Owino defends occupants of the Njiru land after court ruling
Embakasi East MP Babu Owino has come out to defend occupants of the Njiru land after the Environment and Land court ruled that it belongs to the family of the late former Starehe MP Gerishon Kirima. https://bit.ly/45NlLI6
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00:00 I'm here to talk about the decision made by the Environment and Land Court yesterday
00:13 concerning the purported Kirimas land, 1,000 acres land.
00:22 But I want to state that there are ways of acquiring land, and one of them is through
00:31 what we call adverse possession.
00:36 And in adverse possession, the law operationalizing adverse possession is limitation of Actions
00:43 Act 2012, Section 37, read wholly with Section 38.
00:50 It is now judicially settled that adverse possession is a way a person can lawfully
00:57 acquire ownership of land.
01:00 The following factors are required to be fulfilled and shall be read conjunctively.
01:08 Number one, one should be in occupation of that land at the time of seeking adverse possession,
01:17 and in the present case, these people are in occupation of the parcel of land.
01:25 Number two, the person must have been occupying that parcel of land for a period of at least
01:31 12 years, meaning at least means 12 years or more.
01:36 In the present case, these people who are my people have been in occupation of this
01:42 land for a period of over 12 years.
01:46 If we take into account the time that Kirima died, which was on 10th of December 2010,
01:56 to date, if you only take from that time to date, we have 12 years, 10 months.
02:02 So these people are overqualified to occupy that parcel of land and be the rightful owners
02:10 legally through adverse possession.
02:14 Number three, entry into this land should not have been consented by the owner of the
02:21 land.
02:22 Initially, the entry should not have been consented, and in the present case, at the
02:26 time of the death of the owner of the land, that is Kirima, no consent had been drawn.
02:36 Number four, the land in question should not be a public land, and in the present case,
02:44 the land in question is a private land alleged to belong to Mr. Kirima.
02:52 Number five, the occupation should be open and notorious.
02:57 I need not dissect that.
03:02 Number six, there has to be knowledge of occupation.
03:06 In the present case, our people, my people have and continue to be in occupation with
03:14 the knowledge of the owner.
03:17 Therefore, I want to say that the judgment that was arrived at yesterday by the judge,
03:26 the judge had made a mistake in the decision that he made, that this said parcel of land
03:34 does not belong to the people of Mbakasi East constituency.
03:39 I want to say that currently we are going to pursue an appeal.
03:46 We are going to appeal this decision, and because this matter is a matter of public
03:51 interest, this matter must reach the Supreme Court, and this parcel of land must be given
03:58 to my people through adverse possession, taking into account the requirements that I have
04:07 just read.
04:10 Number two, we will also seek for negotiations to ensure that Kirima's family agrees to negotiate
04:23 with the great people of Mbakasi East constituency.
04:28 Should they refuse, then through adverse possession, this 1,000 acres parcel of land clearly belongs
04:41 to the people of Mbakasi East constituency.
04:46 Next, the President has been so active with the issue of the affordable housing, that
04:59 he wants every Kenyan citizen to have a house, and that he has moved and practically started
05:09 construction of the said houses.
05:11 Why then should we encourage as a government demolition of houses, as was recently experienced
05:20 in Mavoko?
05:24 Should this apply in Mbakasi East constituency?
05:28 I can assure you that should my people lose their houses, because they shall have lost
05:34 everything, we are going to fight back.
05:39 We are going to fight back, and I call upon my people in Mbakasi East constituency not
05:45 to sit and watch as their property is being demolished, as their property is being destroyed,
05:57 because through adverse possession, they are the rightful owners of the said parcels of
06:05 land.
06:08 And I want to advise this government that in the spirit of togetherness, live and let
06:17 live, eat and let eat, let my people be, we will fight for the interest of my people.
06:28 As a member of parliament, that is my inherent and inalienable duty to defend not only spiritedly,
06:37 but also religiously the interest of the great people of Mbakasi East constituency.
06:46 I once again call upon Kirima's family, because Mr. Kirima has died many, has already died,
06:54 he died many years ago, and right now, find it easy in your heart to come on the table
07:07 and talk with my people, to negotiate, because they are willing to negotiate with the family.
07:16 Do not be arrogant about it.
07:22 He who comes to equity must come with clean hands, come with open hearts, and come ready
07:30 for what my people will offer.
07:34 If you refuse, through adverse possession again, this property is ours.
07:42 Thank you.
07:42 [END]