Kenya Two Rivers Crescent Estate land grabbing probe targets Wahome and Murkomen

Summary
- Former Cabinet Secretary Alice Wahome and Cabinet Secretary for Youth Affairs, Creative Economy and Sports Kipchumba Murkomen failed to appear before the Senate Lands Committee on July 29.
- Residents at Two Rivers Crescent Estate claim they are facing intimidation and attempted land grabbing by an individual claiming ownership.
- The dispute dates back several years and involves a complex web of ownership claims, with court orders repeatedly being ignored.
- Willy Kihara Kanyotu is recognized as a legally recognized beneficiary of James Kanyotu's estate under High Court Succession Cause No. 1239 of 2008.
What Happened
It is unfortunate that residents who legally acquired their land are now living in fear after being targeted by individuals acting on behalf of an untouchable person.
Former Cabinet Secretary Alice Wahome and Cabinet Secretary for Youth Affairs, Creative Economy and Sports Kipchumba Murkomen faced criticism from senators on July 29 for failing to appear before the Senate Lands Committee. The committee had summoned the two ministers to respond to allegations of intimidation and attempted land grabbing at Two Rivers Crescent Estate in Ruiru, Kiambu County. Residents claimed that armed goons were deployed to harass and intimidate landowners in a long-running ownership dispute. Kiambu Senator Karungo Thangwa led the criticism, stating that the absence of the two ministers undermined the seriousness of the allegations.
The affected homeowners, some of whom are retired public servants, bought their plots from the family of the late former Director of Intelligence James Kanyotu but are now facing attempts to force them off the land by an individual claiming ownership. Committee chairperson Mohammed Faki explained that Wahome had sought to be excused due to a Cabinet sub-committee meeting chaired by Cabinet Secretary for Interior and National Administration Kithure Kindiki, while Murkomen was attending a National Security Council meeting.
Relevant Legal/Regulatory Context
The dispute at Two Rivers Crescent Estate dates back several years and involves a complex web of ownership claims. Residents claim that Willy Kihara Kanyotu, who claims to be the deceased's son, has orchestrated repeated invasions of the estate through hired goons. The alleged activities include violent assaults, trespass, destruction of property, removal of security installations, digging trenches, erecting fences, re-surveying plots and altering boundaries with the intention of subdividing the land for resale. Despite obtaining court orders restraining these activities, the orders have repeatedly been ignored, with police at Ruiru Police Station accused of failing to enforce them.
The High Court Succession Cause No. 1239 of 2008 is central to the dispute, as it recognized Willy Kihara Kanyotu as a legally recognized beneficiary of James Kanyotu's estate and allocated him 13 plots through the confirmed grant of letters of administration.
Why It Matters
The alleged land grabbing at Two Rivers Crescent Estate raises concerns about the potential for conflict of interest in land ownership disputes. Lawyers advising clients on such matters should be aware of this risk and ensure that their clients' rights are protected, particularly when dealing with cases involving government officials or influential individuals. The incident also highlights the need for effective enforcement of court orders and the responsibility of law enforcement agencies to protect property rights.
The committee's findings and recommendations will have significant implications for land ownership disputes in Kenya and underscore the importance of transparency and accountability in such matters.
Practical Implications
Lawyers advising clients on land ownership disputes in Kenya should be aware of the potential for conflict of interest and ensure that their clients' rights are protected, particularly when dealing with cases involving government officials or influential individuals.
Source
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