A prime piece of land in Naivasha has become the focal point of a dispute between the Judiciary and the Ministry of Interior. The conflict began when the Naivasha Deputy County Commissioner's (DCC) office attempted to annex land adjacent to the Naivasha law courts. The Judiciary claims ownership of the land and has taken legal action through the Law Society of Kenya (LSK) to prevent the DCC's ongoing fencing activities.
Over the weekend, hired youths supervised by armed police dismantled structures on the land and took some materials to the Naivasha police station. Mbugua Macharia, a member of the Rift Valley LSK Council, stated that the move was illegal as the land had been under judicial management for years. The High Court advocate revealed that they had obtained orders from the Environment Court to halt the fencing, but the DCC had ignored them.
Mbugua expressed concern that the Judiciary was unaware of how the Ministry of Interior acquired the land. He added that the Judiciary has confirmed that the land is theirs and is a party to cases filed in the environmental court. Another lawyer, Peter Ng'ang'a, mentioned that small-scale traders operating on the land had not been served with any notices. He suspected malicious intent behind the fencing by the DCC's office.
According to Peter Ng'ang'a, information from the Ministry of Land indicated that the land belonged to the Judiciary. He added that the DCC's office was served with a court order stopping the demolition, but this was ignored, leaving some traders jobless. One of the affected traders, Douglas Kariuki, said he had worked on the land for over 20 years before his business was demolished without notice.
Douglas Kariuki expressed frustration, stating that he and other traders had worked under the courts and were asking why they had to be kicked out and their property looted and destroyed. Naivasha DCC Josiah Odongo defended the move, saying his office was protecting government land from encroachment by fencing it. The DCC claimed that his office was simply performing its duties.
The Law Society of Kenya has vowed to pursue contempt of court charges against the DCC. Mbugua Macharia stated that they would not back down, citing past instances where court orders were disregarded. The conflict has raised questions about the relationship between the Judiciary and the Ministry of Interior.
The dispute has also raised concerns about the impact on small-scale traders who relied on the land for their livelihoods. The traders are now left to wonder about their future after their businesses were demolished. The Judiciary and the Ministry of Interior are yet to resolve the issue.
Key points
- The Judiciary and Interior Ministry are in a dispute over land ownership in Naivasha.
- The DCC's office attempted to annex land adjacent to the Naivasha law courts, leading to a clash with the Judiciary.
- The Law Society of Kenya has vowed to pursue contempt of court charges against the DCC.
