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Man in court for attempting to evict tenants from disputed properties in Eastleigh

Michael Musembi Nduva in the dock at the Makadara Law Courts. (Photo: Joseph Ndunda)

By Joseph Ndunda | 16 Apr 2024

Nduva is also facing charges of trespass with intent to commit an offence contrary to section 5 (1) of the Trespass Act after gaining access to the lands on April 12 while claiming ownership.

A suspected land grabber who allegedly threatened to evict officials of an organisation affiliated with the Catholic Church from their apartments in Eastleigh while claiming to be a police officer has been charged with impersonation.

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Michael Musembi Nduva, 64, is accused of personating a police officer while allegedly threatening John Ndar Markndar to inform tenants of Ozanam Houses that they would be paying rent to a different landlord.

The police and prosecution interpreted this as an attempt to indicate the ownership of the houses had changed.

He is accused of committing the offence on April 1, 2024, within Eastleigh in Kamukunji Sub County.

Markndar is an official of the Catholic Church who served as the personal assistant to the late Archbishop Ndingi Mwana ’a Nzeki, and he is a trustee of the estate owned by St Vincent de Paul for selected officials of the church who reside and rent the houses.

Nduva is accused of attempting to grab three parcels of land number LR36/1/156, 36/1/157, and 36/1/158, all belonging to St Vincent De Paul officials, including Markndar.

He is accused of forcible detention contrary to Section 91 of the Penal Code for forcibly attempting to grab the land parcels from Markndar, who is entitled to the land, on April 12.

Nduva is also facing charges of trespass with intent to commit an offence contrary to Section 5 (1) of the Trespass Act after gaining access to the lands on April 12 while claiming ownership.

The matter had been reported to police after Nduva allegedly called Markndar and while carrying out investigations, they received information that there was an individual issuing tenancy agreement forms to tenants in the houses.

Police rushed to the apartments, arrested Nduva, and escorted him to the Eastleigh Airbase police post together with the papers he was circulating to tenants.

Police found 21 pieces of tenancy lease agreements, 20 others ordering tenants to vacate the premises, among others, that will be used as exhibits in the case.

During investigations, he told the police he had won a case where he was declared the rightful trustee of the houses and the disputed parcels of land.

Police established that there is an ongoing case in court over the properties, but Nduva had not followed the right procedure to claim ownership as he had bypassed the ongoing court suit.

Nduva denied the charges before Principal Magistrate Irene Gichobi of the Makadara Law Courts.

He was released on a bond of Sh100,000 and an alternative cash bail of Sh50,000.

The case will be mentioned on June 7 before the hearing starts on September 9, 2024.