Rose Wangui Kivunye v Samuel Mwangi Ngugi [2019] KEELC 3568 (KLR)

Summary at a glance

Facts

In March 2007, Samuel Mwangi Ngugi claimed that Rose Wangui Kivunye was illegally occupying his land, Escarpment/Kinale Block 1/1761, and sought eviction. The Kiambu District Land Disputes Tribunal awarded Ngugi possession of the land on May 11, 2007. Ngugi appealed to the Provincial Land Appeals Committee, which upheld the tribunal's decision. Kivunye appealed to the Environment and Land Court.

Issues

• Whether Kivunye was in illegal occupation of the suit property and as such a trespasser.
• Whether Kivunye as an illegal occupant of the suit property should be evicted therefrom.

Reasoning

The court found no merit in the appeal, noting that the appeals committee did not determine the validity of the appellant's husband's title and that the committee's decision was based on the evidence before it.

Outcome

Appeal dismissed

Orders

• Kivunye to vacate and hand over possession of L.R. No. Escarpment/Kinale Block 1/1761 to Ngugi within 120 days from the date of the judgment.
• Failure to vacate within the time limit warrants issuance of warrants of eviction for her forceful eviction from the property.