Another person lays claim to controversial Kirima family land

The late former Starehe MP Gerishon Kirima. [Collins Kweyu, Standard]

The battle over 1,000 acres pitting groups of squatters and the Gerishon Kirima family has taken a new twist, with a man now claiming that his late father owned part of land.

Bernado Vicezo De Masi Tuesday filed an application claiming that the land belonged to his late father Dominico De Masi and was part of succession process concluded in 2011.

According to him, his father and himself never sold the land to Kirima or his family.

In the case filed by Joseph Gwandaru, Vicezo claims that instead, his family had been engaging squatters to have them buy out the space they were occupying.

He claims that the orders issued by Justice Samson Okong'o did not factor in that Dominico's family had an interest in the case.

According to him, the new information should prompt the court to intervene and suspend the orders. Vicezo claims that he only learned about the property from the media.

"My father's estate has not been a party to the current proceedings and neither have we been made aware of such a dispute over our property save for the highly publicized judgment as issued by the honorable court," he says.

He further claims that at least 25,000 people would be affected by the orders issued in favour of the Kirima family.

According to him, no one challenged the succession process, hence, the land belonged to the Dominico family.

"Dominico De Masi (deceased) is the legal and rightful owner of the property known as LR No 5908/8 and the property has since devolved to his estate pursuant to a certificate of confirmation of grant issued in succession cause No 625/2009 on January 31, 2011," he argues.

Those affected are persons who claimed to have been allocated the land by the Commissioner of Lands, Nairobi County Government, and others who claimed ownership through adverse possession.

The order by the court also affects unsuspecting third-party buyers who bought the land from the two groups.

Justice Samson Okong'o ordered at least 300 persons who claimed 80 acres after allegedly living and developing the land for more than 12 years to leave before December 31, failure to which their properties will be demolished.

The squatters, led by John Otieno, claimed that from the time they occupied the property, Kirima never appeared or contested their occupancy. According to Otieno, none of them knew the owner of 472.5 acres of land for over 14 years.

Justice Okong'o found that Otieno was untruthful as he alleged that his group entered the property in the 1990s. However, the judge observed that he changed his story to 2000, then finally claimed that he built a house in 2011, three years before he sued the Kirimas.

Kamatuto Self Help Group, a second batch that claimed 160 acres, alleged that they were allocated by the Commissioner of Lands.