Nakuru: Court reverts grabbed land back to Pyrethrum Board
By Justus Karanja
A Nakuru resident has lost prime parcels of land after a court ruled he acquired them fraudulently.
Environment and Lands Court Judge, Justice Mwangi Njoroge (pictured) ruled Simon Thuo Muchiri irregularly acquired Nakuru Municipality Block 7/138 and hence the acquisition is null and void.
He was making a ruling in which the Ethics and Anti-Corruption Commission (EACC) sued Muchiri, seeking to orders to recover the land.
Justice Njoroge also ordered the Land Registrar Nakuru to cancel the lease issued to Muchiri and restore the property to the Pyrethrum Processing Company of Kenya.
He issued a permanent injunction stopping Muchiri, his agents, servants and/or assigns from leasing, transferring, charging, taking possession or dealing with the property.
The court ordered Muchiri to bear the costs of the suit.
EACC had joined the District Land Registrar as the 2nd defendant but subsequently withdrew the suit against him on 9/11/2021 and proceeded ex parte with the case against the 1st defendant who despite substituted service effected on him by leave of court vide a press advertisement dated 22/9/2021 failed to file a memorandum of appearance or defence.
EACC submitted that the land known as Nakuru Municipality Block 7/138 situate within Nakuru County initially known as LR NO 455/71 and measuring 1.672 acres was part of alienated government land vested in the Managing Director of Pyrethrum Processing Company of Kenya.
The court heard that in 1957 the PPCK (then known as Pyrethrum Board of Kenya) acquired the land from Alfreda Frances Bell vide an agreement executed by both in the same year.
It submitted the PPCK has been in occupation of the suit land from 1957 to date and that it has currently leased the property to Peter Kimani Kirika who is in actual occupation.
EACC submitted Muchiri’s purported registration was illegal and fraudulent.