Families on 'KU land' want Swazuri to face contempt of court charges

NAIROBI, KENYA: Over 2,000 families living on land allegedly belonging to Kenyatta University (KU) want the National Land Commission Chairman Dr Muhammad Swazuri to face contempt of court charges.

The families through their lawyer Kabue Thumi explained that Swazuri had given them one-month notice to vacate the land to pave way for construction of a Sh3 billion children's hospital in total disregard of a court order that was in force. 

In a demand letter written to the NLC chairman, the families are demanding that Swazuri rescinds his directive to have them evicted within 14 days failure to which they would move to court to protect their interests. 

“In view of the foregoing,  we would wish to have your written confirmation rescinding your aforestated directive. If it is not done within 14 days our firm instruction is to move to court for appropriate remedies against your commission to safeguard our interest,” the demand read in part.

Thumi added that Justice Josephine Nyamweya had restrained the university from evicting the families and digging trenches on the land until a suit filed is heard and determined and noted the chairman’s statement was in contempt of court. 

“There are orders in place until the substantive suits are heard and determined. Consequently your directive with tremendous respect amounts to contempt of court as the same runs counter to the spirit of the orders of injunction issued by the high court,” said the lawyer in court documents. 

Swazuri issued the orders on January 16 this year when he toured the 250-acre land, which has been at the centre of a dispute pitting the university and families claiming to have been allocated the land by the founding president of the republic Mzee Jomo Kenyatta. 

The chairman told the residents who have put up permanent structures on the land that investigations conducted by the commission had concluded that the university is the land's rightful owner and added that only 672 squatters who the university willingly allocated 30 acres can continue living on the land. 

Kenyatta University Vice-Chancellor Prof Olive Mugenda said they have been trying to remove the people from their land for the last 13 years without success. 

She said the stalemate has delayed construction of the multi-billion children's hospital, which has been earmarked to be built on the disputed piece of land.