The Environment and Land Court in Eldoret has issued a temporary mandatory injunction directing police officers and General Service Unit personnel to leave the disputed property. The order was issued pending the hearing and determination of a petition filed by Willowdale Investment Limited. The court also ordered that the status quo prevailing before the alleged invasion be maintained and barred police and GSU units from accessing the property.
The dispute involves a prime property near Eldoret State Lodge belonging to the family of former President Daniel arap Moi. Willowdale Investment Limited, through lawyer Gordon Ogola, moved to court seeking protection of the property. The company named the Interior Cabinet Secretary, Inspector General of Police, Lands Cabinet Secretary, Chief Land Registrar, Eldoret Land Registrar, National Land Commission, and Attorney General as respondents.
In his ruling, Justice Charles Ondieki said Willowdale Investment Limited had demonstrated a legitimate proprietary interest in the disputed property through documentary evidence. The judge noted that the applicant's affidavit evidence had not been controverted by the respondents. The court found that Willowdale had established a prima facie case warranting interim protection of the property as the main petition is heard.
The judge observed that granting a temporary mandatory injunction required a higher threshold than merely establishing a prima facie case. He ruled that the company had met this requirement, noting that the evidence suggested the respondents had attempted to steal a match from the applicant. The court considered this circumstance special enough to justify the orders.
The court further found that granting the orders was in the public interest, paving the way for the temporary protection of the disputed property. The judge directed the Inspector General of Police to enforce the orders. This decision aims to protect the property rights of Willowdale Investment Limited until the main petition is heard and determined.
The case has significant implications for property rights and land disputes in Kenya. The court's decision demonstrates its commitment to upholding the rule of law and protecting property rights. The case will be heard and determined in due course, and the parties involved will have an opportunity to present their arguments.
The orders issued by the court are a significant development in the dispute over the Moi family land. The court's decision provides temporary relief to Willowdale Investment Limited and ensures that the disputed property is protected until the main petition is heard. The case highlights the importance of seeking legal redress in resolving land disputes.
Key points
- The Environment and Land Court in Eldoret has ordered police and GSU personnel to vacate a prime property belonging to the Moi family near Eldoret State Lodge.
- The court issued a temporary mandatory injunction pending the hearing and determination of a petition filed by Willowdale Investment Limited.
- The decision aims to protect the property rights of Willowdale Investment Limited and demonstrates the court's commitment to upholding the rule of law.
