Former VP Awori wins back late kin's 30-acre land from trespasser
By Robert Amalemba
| October 7th 2021
Former Vice President Moody Awori has succeeded in evicting a trespasser on a parcel of land that was owned by his late brother Hannington Awori.
Environment and Land Court judge, Justice Anne Omollo acknowledged that Moody, 92, proved his case against Charles Onyango Omondi to warrant the eviction.
Omondi claimed ownership of the land for 10 years.
“In light of the evidence adduced, I am satisfied that Awori has proved his claim against Omondi for eviction only,” ruled the judge.
“The former vice president did not elaborate on when they discovered the trespass and what they intended to use the land for that was prevented by Omondi’s occupation. As a result of the omission, Moody’s prayers for damage compensation (for the trespass) fail.”
The former VP sued Omondi in October 2016 on behalf of his sister-in-law Pamela Mary Awori, the registered owner of the land - Samia/Wakhungu/Odiado/589 - saying Omondi had taken it over and even rented some of the buildings in it, including a bakery, to third parties.
Pamela inherited the parcel after her husband Hannington, a famed corporate executive who was one of Kenya’s pioneer civil engineers, died.
She gave rights to the former VP to prosecute the case on her behalf under the Power of Attorney, a legal procedure which allows Kenyans to pick anyone to represent them in court.
The former VP submitted before court that his late brother had developed the disputed parcel by putting up buildings on it.
“Omondi took advantage of the absence of my late brother’s family, moved into the property and started renting out the premises to third parties.
“It’s the reason that my late brother’s immediate family authorised me to take legal action to evict him (Omondi) and everyone else he had rented the premises to,” he said.
He asked the court to evict Omondi and order him to pay damages for the trespass but on June 29, 2017, Omondi filed a response in defense denying the trespass.
He claimed that on June 5, 2010, a son to Awori’s brother Jeremy Hannington Edward Awori, leased the parcel and buildings to him for a period of ten years at an agreed price of Sh1.2 million which he paid in full.
“The former VP should not have filed the case because he has no claim against me for I did not enter the land lease agreement with him but with Jeremy.
“Furthermore, he is aware of the lease agreement I signed with Jeremy,” said Omondi in his defense.
He said he was not against moving out but asked the court to assist him get a refund of the money he used for the lease and renovations so that he can get alternative premises.
He could however not produce receipts to back the claim even as the court said that he engaged in the repair works without the authority of the actual owner of the land.
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