500 squatters to be kicked out of Malindi ADC land

Counties

500 squatters to be kicked out of Malindi ADC land


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Squatters barricade the Malindi-Lamu road burning tires and paralysing transport. PHOTO | CHARLES LWANGA | NMG

Summary

  • Justice Maureen Odeny of the Environment and Land Court in Malindi further issued an order directing the squatters to pay Sh33.4 million as special damages and leave the land within the next 60 days.
  • The squatters were served with summons to appear in court but only five appointed a law firm to represent their interests in the land.

More than 500 squatters living on Agricultural Development Corporation (ADC) land in Malindi face eviction after a court issued an order restraining them from occupying it.

Justice Maureen Odeny of the Environment and Land Court in Malindi further issued an order directing the squatters to pay Sh33.4 million as special damages and leave the land within the next 60 days.

“The plaintiffs (ADC) have proved their case against the defendants (squatters) and are therefore entitled to the orders sought,” said Justice Odeny.

She said as owner of the parcels of land, ADC was entitled to enjoy rights and privileges associated with ownership of the properties without interference by any third party.

“The defendants have no legal mandate to use the land in any manner. They are trespassers, hence should vacate or be evicted, ”said Justice Odeny.

According to ADC, the squatters started encroaching on the land in 2000 during rainy seasons, cultivating it and planting crops for their sustenance.

By 2009 their numbers had increased significantly and started building temporary structures. ADC said it issued notices stopping them from further encroaching on the land.

They however ignored the notice and continued trespassing on the said parcel of land, ADC noted.

The squatters were served with summons to appear in court but only five appointed a law firm to represent their interests in the land.

ADC told the court that it suffered loss and damage following the invasion, noting that its animals died of starvation due to shortage of grazing area.

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