Judge orders eviction of residents from hospital land

Residents watch helplessly as houses are demolished at the controversial land that belongs to the East African Portland Cement Company in Athi River on October 16, 2023. [Peterson Githaiga, Standard]

Justice Mbogo however ruled that Mutua and other landowners around the hospital had no claim to the land since they did not follow the right steps in acquiring the public land.

"There are steps to follow before acquiring a public land which was not done. It would have been proper for him to show the government land had been changed for private use or even provide evidence of government minutes indicating the area had been identified for disposal," he ruled.

According to the judge, the county government of Narok had provided a development plan approved in 1985 which showed that the land in dispute was allocated for the hospital.

He added that if indeed the government wanted to dispose of the land, they would have issued a gazette notice to the public announcing the intention to dispose of the property and the plots sold by way of public auction.

"It is only then that they would have been issued with an allotment letter which again is not capable of conferring an interest in land, being nothing more than an offer, awaiting the fulfilment of the conditions stipulated therein by the government," the judge said.

Justice Mbogo stated that before purchasing the plots, the buyers needed to be sure the sellers had obtained all the documents to show that the property was available for alienation for private use.

He declared that the landowners around the hospital had no business dealing with the properties and ordered them to vacate or be evicted.