The Environment and Land Court has saved a half-acre property belonging to Kenya Industrial Estates (KIE) from alleged misuse by a self-declared property manager.
Judge Anthony Ombwayo fined Susan Kiprono Sh200,000 for disobeying his orders of September 27, 2024, which restrained her from acting as a landlady on the property located in Shabaab, Nakuru West Sub-County.
Ombwayo alternatively ruled that Ms Kiprono would be imprisoned for one month if she failed to pay the fine.
“It is this court’s view that the alleged claims against the interested party (Kiprono) amount to a breach of the court orders,” ruled Ombwayo.
He noted that despite ordering her to vacate the prime land, Kiprono continued with the construction of business premises on the land.
“The construction work can only be done by the owner of the property, which this court had earlier declared as KIE through its judgement,” ruled Ombwayo.
He noted that Kiprono did not dispute that she was served with the orders declaring that she ceased acting as a landlady and the land, together with open spaces, belonged to KIE.
He noted that she not only acted as a landlady but also collected rent from tenants and threatened to evict them in the open spaces.
Ombwayo ruled that Kiprono never disputed claims that she was constructing on the disputed property, evidenced by photographs filed before the court.
“In view of the foregoing, this court has established that the interested party was in breach of the court orders, since through the alleged construction, she interfered with the property,” he ruled.
The court ruled in an application by John Mwangi, a tenant who had been evicted by Kiprono, from the open space within the land.
He sought orders that Kiprono and her family’s property be attached and she be detained in prison for having breached and disobeyed the orders.
He urged the court to allow him to continue with his business.
“Kiprono has illegally erected garages and subdivided the property and erected gates on the disputed property,” he alleged.
He wanted the court to allow him to remove the same at Kiprono’s cost and allow him to occupy his business premises yard.
Alternatively, he urged the court to summon Ms. Kiprono and show cause why she should not be detained in prison for disobeying court orders.
“The interested party has refused to allow me to occupy my yard within the open space and set up my business,” he stated.
In response, Kiprono averred that her name was miswritten, as her official names were Caroline Kiprono and not Susan.
She stated that there was a pending appeal on the judgement and she was waiting for a copy of the typed proceedings.
“The judgement talked of ownership but did not allow Mwangi back to the premises,” submitted Kiprono.
The saga on the land began when Nakuru civil rights activist Laban Omusundi moved to court in 2023, claiming the government land had been grabbed.
He sued Kiprono and KIE and urged the court to direct the Ethics and Anti-Corruption Commission to investigate the ownership of the land.
He also urged the court to declare that the land was not available for sale, subdivision, or allocation.
