A Nairobi Member of County Assembly (MCA) has been accused of grabbing land from an elderly person
Njiru ward, Elijah Mputhia has been accused by a 84 years old man has aof grabbing his land that he says he has owned since 1978.
Under Certificate of urgency filed at Nairobi Environment and Land court, Jayantilal Kachra Shar is seeking orders restraining Mputhia from interfering with his land pending the hearing and determination of the application before the court.
Mputhia, Peter Wambugu and Charles Mutinda are the key respondents in a suit where they are accused of interfering with the land located in Njiru are
“I am seeking orders restraining the respondents or their agents from constructing anything or interfering with my land known us L.R 42/2/1/1 pending the hearing and determination of the suit,” said Kachra in court documents.
He wants the court to order the officer commanding Kayole Police Division (OCPD) to enforce the orders that will be issued by the court.
Through his lawyer John Ogada, Kachra says that he has built business premises and a go-down in the property where he has been carrying out his textile business in the property for many years and has helped improve the economy for the area and create jobs for many people.
“Kachra has evidence of the fact that the MCA and his agents are making efforts to evict him from his property,” said Ogada.
Kachra claims that Mputhia is using goons or lawless people in the community to forcibly encroach into his land and he has erected illegal structures so that they can find a way to grab his land.
He says that on August 7,2019 Mputhia accompanied by a group of people who were shouting “Muhindi must go!’’ came into his property and, threatened him and his family members who were there and also said they had brought a surveyor who he believes was there to interfere with the beacons of his property.
“They left and promised to come back within three weeks,” said the aggrieved old man.
The lawyer added that the fence which were done with wooden posts and fencing wires have been pulled down by people Kachra believes are agents of the MCA or incited by them and the efforts by the old man to build a perimeter wall around his property is being thwarted by them.
“My client’s property have been vandalized and pulled down by strangers, who he believes to be agents of the MCA and who have also been trying to break into his premises to steal and destroy his property,”said Ogada.
Mputhia had on February 26, 2018 written a let to Kachra raising complaints from the members of public that his companies have illegally occupied land reserved for public utility on L.R No 42/2/1/1.
“The area residents wish to develop a police post and a social hall to enhance security of the area and empower youths to develop skills and talents and have come to seek for my assistance as their public servants,” said Mputhia in the letter.
He directed Kachara to surrender the said parcel of land for public use as sated.
“It is within my manifesto to assist members of public who elected me as their servant,” added Mputhia.
Kachra has since written a letter to the OCPD of Kayole Police Station Wilson Kosgei seeking for provision of security.
The petitioner is waiting for court direction.