Residents Celebrate Court Victory Over Disputed Community Land Ownership

Nairobi: Residents of Siberia Village in Maina Location, Nyahururu, broke into celebrations outside a Nyahururu Court after a Magistrate ruled that a claimant had failed to provide sufficient evidence to prove ownership of a disputed parcel of land.

According to Kenya News Agency, Principal Magistrate Mary Osoro, in her ruling delivered on Wednesday, found that the complainant, named Margaret, had not presented adequate documentary evidence, including purchase records, land registry documents, and survey records, to support her claim that the approximately 1.25-acre parcel legally belonged to her. Margaret had testified that she acquired the land through her late husband, a former municipal councilor in the area, and had sued members of the local community, alleging they had blocked her access to the land.

However, residents maintained that the parcel is public utility land belonging to the community and that survey records identify it as such. The case, which commenced in February this year, was determined on Wednesday, with the Court directing the parties and their advocates to appear again on October 28 for further directions on the matter.

The dispute initially led to the arrest of the Siberia community chairman, John Ngugi, and local political leader, Samwel Wandeto. Speaking after the ruling, the two alleged that the complainant had influential connections within the police service, complicating the community’s pursuit of the matter.

Following the court’s decision, Wandeto led residents in a procession through Nyahururu town to celebrate what they described as a victory for the community. Former Nyahururu Deputy Mayor Thairu Njogu condemned what he termed rampant grabbing of public land in the region and called on the Directorate of Criminal Investigations (DCI), the Judiciary, and other relevant government agencies to take action against those involved in illegal acquisition of public land.

Women who participated in the celebrations appealed to the county government to construct kindergarten classrooms on the recovered land, suggesting that developing the property would help safeguard it from future encroachment and deter land grabbers from targeting idle public land.