Invaders of Kirima’s Sh5billion farm charged in court
Eight men who allegedly invaded the 1,300 acre farm valued at Sh5billlion belonging to the late Starehe Member of Parliament, Gerishon Kirima were on Wednesday charged with trespassing into the private property.
Senior principal magistrate Mr Kennedy Cheruiyot directed that the eight to be remanded in custody until Monday when facts of the case will be outlined.
Those who were arraigned before the court are George Kyalo Kioko, Amos Shinua Buura, Simon Macharia Wanjohi, Kennedy Ochieng Onyela, Jackson Mugani Kibugi, Julius Ng’ang’a Njoroge, Joseph Ngige Njogu and Robert Wajumbe.
They all pleaded guilty to charges of trespass into private land contrary to Section 3 (1) of the Trespass Act 294 Laws of Kenya filed against them by the Director of Public Prosecutions (DPP).
“Your honour I urge this court to allow me present the facts of this case on June 5 since the investigating officer has not availed all the evidence,” the state prosecutor submitted.
The suspects, who were arrested following a complaint by the widow of the former assistant minister, Ms Teresia Wairimu, were accused of trespassing into the Njiru Kirima Farm on May 30.
The vast farm is within Kayole Estate in Nairobi.
The charge stated that the eight together with others allegedly invaded L R Nos 5908/8 and 6852/2 all being the restricted property of the Estate of Gerishon Kama Kirima (deceased).
In another case the family of the late real estate mogul has asked the high court to evict over 1,300 squatters who have invaded the Njiru farm.
Lawyers Wilfred Nyamu, Fred Ojiambo, Paul Onduso and Stephen Mwenesi told Justice Samuel Okong’o that the squatters invaded the farm Kirima’s death in a South African hospital on December 28 2010 where he had been flown for specialised treatment.
Ms Wairimu and children of the former MP have been sued by members of Kamatuto self-help group who are asking the court to be declared legal owners of the land through adverse possession.
But Mr Nyamu and the other lawyers for the Kirima Estate have said the squatters do not qualify in law to be declared owners of the land they illegally occupy since they invaded the farm in 2011.
Testifying before Justice Okong’o, one of the squatters, Mzee Smith Lusiji, said he was born in the land in 1939 and has been living there ever since.
The case was adjourned after Mzee Lusiji fell ill while being cross-examined by lawyer Onduso.