Judge and his wife sue county on Sh42 million land
SEE ALSO :Kabutha wins Standard Classic golfThey said the county government had fenced off the land and intended to turn it into a parking lot for the stadium, a move they said was meant to deprive them of their right to own the property. Through lawyer Abok Odhiambo, Justice Munyao and Ms Ruto want the county government stopped from encroaching on their land. To prevent encroachment and trespass, Munyao and Ruto said they erected a Sh2.5 million perimeter wall around the land. They have enjoined the County Development Control and Dispute Resolution Committee in the suit. Committee approved
SEE ALSO :In-laws frustrate man’s bid to bury wifeJustice Munyao and Ruto said the committee approved the construction of the perimeter wall on October 15, 2015 They engaged a physical planner to apply for change of user from residential to commercial use and went ahead to hire a security firm to guard the land since they were not residents of Kakamega. However, on December 7 last year, persons who claimed to have been sent by the respondents descended on the property, tied up the day guard and started demolishing the perimeter wall. The gang was said to have left after police arrived but vowed to return “when the petitioners can do nothing to them about it". Justice Munyao, who coincidentally is a Land and Environment Court judge, said on December 11, 2017, the second respondent, without prior notice, placed on the wall a purported enforcement notice ordering them to bring down the fence within 24 hours.
SEE ALSO :Hospital accused of hiking charges“The purported notice was wrongful, illegal and unenforceable and tainted with bad faith or malice. The respondents did give planning approval for the wall via a letter. In the event they did not give planning approval, petitioners ought to have been informed to rectify any anomalies since nobody would have been affected by the wall,” they said. Justice Mary Matheka scheduled a hearing on December 19.