Former Mungiki leader Ezekiel Waruinge Noriega, popularly known as Ndura Waruinge, has lost a 12-year land dispute after the Environment and Land Court in Kajiado ordered him to vacate more than a dozen plots in Kitengela, ruling that he had unlawfully occupied the property.
In a judgment delivered by Justice Judy Omange, the court found that Waruinge had trespassed onto land belonging to Jane Wanjiku Waweru and Kirumba Mwaura, the registered owners of the former parcel Kajiado/Olooloitikoshi/Kitengela/190, which was later subdivided into several plots.
The court ordered Waruinge to vacate the occupied portions within 60 days, failing which he will be forcefully evicted. The Officer Commanding Station (OCS) at Ongata Rongai Police Station was directed to provide security during the eviction if necessary.
The dispute involved parcels Kajiado/Olooloitikoshi/Kitengela/60489-60493, 60497-60500 and 60505-60508, covering approximately 1.7 acres. The plaintiffs told the court that Waruinge also blocked access to several neighbouring plots by reserving a nine-metre road.
According to court documents, the Land Registrar and Land Surveyor confirmed that Waruinge had encroached onto the property. The plaintiffs said he admitted occupying the land and proposed purchasing one acre or exchanging it with adjacent land, but no agreement was ever concluded.
The court also noted that Waruinge had previously been convicted in Ngong Senior Principal Magistrate's Criminal Case No. 53 of 2016 for the offence of forcible detainer arising from the same property, but continued occupying the land despite the conviction.
"The Plaintiffs are entitled to the orders sought," Justice Omange ruled after noting that the plaintiffs had produced valid title deeds while the defendant neither entered an appearance nor filed a defence to challenge ownership.
On trespass, the judge observed: "The Court is therefore satisfied that the Defendant unlawfully trespassed upon the Plaintiffs' properties. Given his continuing trespass even after conviction in criminal cases, the court awards Sh1,000,000 general damages and Sh5,000,000 punitive damages."
The court further upheld the plaintiffs' claim for loss of use of the land after accepting unchallenged valuation evidence.
"The Court is satisfied that the Plaintiffs proved the loss of use to the extent established by the evidence. The Court therefore awards mesne profits in the amount proved," Justice Omange held.
In addition to the eviction order, the court permanently barred Waruinge, his agents and anyone acting on his behalf from entering, occupying, developing or interfering with the suit properties.
He was also ordered to pay Sh24 million in mesne profits, Sh1 million in general damages, Sh5 million in punitive damages, as well as the costs of the suit.
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