Former top cop loses bid to own public land

They averred that the land couldn’t be possessed by a private developer since it was public land.

A former provincial police officer has lost a 20-year court battle for an eight-acre land earmarked for public use in the county.

Justice Sila Munyao of the Environment and Lands Court ordered that a title deed possessed by John Njeru, who served as PPO in Rift Valley and Nyanza regions, be revoked and surrendered to the government.

In a judgement delivered on November 28, the judge faulted Commissioner of Lands in Nakuru for allocating the eight-acre land to Njeru for private development.

He ruled the land was to be used for public purpose as initially intended and that the move by the Commissioner of Lands to allocate it for private development was irregular. But the judge declined to issue orders to compensate Njeru, who was the complainant in the case.

“The plaintiff did not give any pleadings in the suit for compensation and the defendants didn’t have any opportunity to give views on the same. Therefore, I cannot give any orders concerning compensation,” ruled Justice Munyao.

He ordered the officer to pay the cost of the suit.

The case was filed on June 4, 1999, by Njeru against Commissioner of Lands, Nakuru Teachers Primary School Committee, Municipal Council of Kenya, Nakuru Teachers Housing Co-operative Society Limited and five other individuals.

In the suit, Njeru claimed to be the registered owner of the land in question which is Nakuru Municipality Block 25/1115.

He claimed that he was ordered to surrender the land by the commissioner of lands under the directive of Nakuru Teachers Housing Co-operative Society (NTHCS) who is the proprietor of the land.

He claimed that this was wrong since he had paid Sh526,845 as required to own the property and was issued with a certificate of lease on January 20, 1994.

He, however, affirmed that the same commissioner who allocated him the land wrote to him on May 9, 1999, asking him to surrender the lease.

“I had paid for five acres but later realised that the land measured eight acres. I was asked to surrender the previous lease and be issued with a new one but to date I have not been issued,” submitted Njeru.

He said he later noticed individuals putting up structures on the contested land and initiated the suit against them and the land officials.

He sought for injunction orders restraining the defendants from the land, sought eviction orders, damages and cost of suit.

However, the defendants objected the claims saying that they legally entered the land after being instructed by NTHCS to begin construction of public schools.

They averred that the land couldn’t be possessed by a private developer since it was a public land.

The defendants added that there are three schools on the suit property including Nakuru Teachers Primary School, Nakuru Teachers ECD Centre and Natewa Secondary School.

They asked the court to cancel the plaintiff’s title, dismiss the suit with cost and issue a permanent injunction against him.