Waititu & 3 others v Gethi. & another (Environment & Land Case 50 of 2018) [2022] KEELC 3926 (KLR) (28 July 2022) (Ruling)

Facts

The Plaintiffs (Waititu, Gitonga, Ngotho, and Muthami) claimed ownership of a property (LR No 7381 (IR 6406/1)) and sought an order for the officer commanding Ndaragwa Police Station to supervise the implementation of a decree that evicted them from the property. The Defendants (Gethi and Murua Limited) argued that the Plaintiffs had lost their claim over the property and that they were in deliberate disobedience.

Issues

1. Ownership of the property
2. Enforcement of the decree

Reasoning

The court found that the Plaintiffs had not lost their claim over the property and that they had not been in deliberate disobedience. The application for supervision and demolition was therefore dismissed.

Outcome

The application for supervision and demolition of the property was dismissed.