Court bars alleged invaders from accessing prime land in Karen

The owner is seeking damages and compensation for destruction caused by goons. [iStockphoto]

The Environment and Lands Court has barred a woman from accessing prime land located in Nairobi's Karen estate.

The case was filed by Arvind Kanji Patel against one Dorcas Joan Kiptoo, who is claimed to have invaded the land.

Patel also listed the Director of Surveys, Chief Land Registrar and Attorney General Justin Muturi as the second, third, and fourth respondents respectively.

"An order of interim injunction to restrain the first defendant/ respondent herein, either by herself, agents, servants and/ or anyone claiming under her from entering upon, remaining on and/ or in any manner whatsoever interfering with the plaintiff/ applicant's rights over the suit property or any portion thereof, pending the inter-partes hearing, or further directions of the court," ruled Justice Oguttu Mboya.

The orders are to be enforced by Lang'ata Sub-County Police Commander or the Officer Commanding Station (OCS) Karen Police Station.

The court heard that Kanji Naran Patel bought the land registered as L.R. Number 6132 from the late Henry Albert Moore and the transfer was registered as L.R. 6132/11.

Naran died in 1995 and Jayanti Kanji Patel (deceased) and Arvind were appointed the joint executors of his estate in Succession Cause No. 467 or 1996.

Arvind received a certificate of confirmation in 1997. In his submission, he says that the confirmation certificate has never been revoked or annulled.

According to Arvind, he is the registered owner of LR 6132/11 and has been paying the land rates since 1997.

On March 2, 2024, he alleges that Kiptoo came with hired goons and AP officers and forcefully entered and trespassed on the property estimated to be 66 acres.

Arvind reported the matter at the Karen Plains Police Station where it was booked under OB Number 06/02/03/2024. Following the report, the OCS moved to the property and chased away by the goons.

He fears that the land may be transferred or sold to his detriment since RSS, a private security company, is now manning the property and his employees have no access.

"The plaintiff avers that noteworthy, continued interference with his quiet possession and ownership of the said parcel of land is unconstitutional, unlawful, arbitrary, oppressive and untenable," reads the application filed last week.

Arvind adds that he has suffered loss and damage from the demolition that was on the land.

He is seeking damages and compensation for the destruction as well as a permanent injunction against Kiptoo.

He also wants the Director of Surveys barred from issuing deed plans and any subdivided deed plans that arise from the land.

Arvind is seeking to be declared the sole owner and have the Chief Land Registrar barred from issuing a certificate of title to Kiptoo or any other person.