Why Government must back Babu Owino’s move to protect Embakasi families in Kirima land case

The government must take serious claims made by Embakasi East Member of Parliament Babu Owino that an Italian tycoon is the original owner of the contested multi-billion land in Njiru.

Speaking during a press conference, the legislator stated that the tycoon is in Kenya and will be moving to court to challenge the ownership of the family of the late billionaire Gerishon Kirima.

This is a great opportunity for the government to thoroughly look into the matter that could end up unmasking the rot that has for long been the norm at the Ministry of lands and City Hall.

The land owners who have bought and developed houses in the area have every right to demand a second chance.

The constitution in  Article 65 states that every person has the right, either individually or in association with others, to acquire and own property of any description and in any part of Kenya.

The constitution further states that parliament shall not enact laws that (arbitrarily deprive a person of property of any description or of any interest in, or right over, any property of any description

 Section 3 of the article also states that   State shall not deprive a person of property of any description, or of any interest in, or right over, property of any description, unless the deprivation–

Babu’s Owino’s claims must be treated seriously

 “As a Member of Parliament for Embakasi East constituency, I have used my resources, conducted investigations and found documents showing the original owner of the land.I have gone further to bring this person all the way from Italy, “ he said.

Owino maintained that he has found all relevant documents showing that Domenico DiMasi is the original owner of the disputed land.

He stated that Domenico DiMasi, the original owner of the disputed 1,000 acres of land, is currently in the country.

“As we speak the original owner of the parcel of land is in Kenya and we are going to court to claim this land!” he said.

According to him the said parcel of land acquired by the Italian National in 1966 does not belong to Kirima nor his family.

“The parcel of land does not belong to Kirima because the proof of ownership of land is by having a title deed. The indenture document that I have, which is an original copy issued by the government, was drawn in 1966 and it shows that the land was sold to Domenico DiMasi an italian,” he stated.

Owino has assured the affected settlers that the matter will be taken back to court even as the Environment and Land Court (ELC) issued an eviction notice against hundreds of families who have been living illegally on the land owned by the late tycoon Gerishon Kirima.

“As we speak the original owner of the parcel of land is in Kenya and we are going to court to claim this land!” he said.

There is light at the end of the tunnel because if the said parcel of land belongs to Kirima family they must provide the Original title deed which is in our possession and other completion documents including passport size photograph, rate clearance certificate, transfer forms, proof of payment and an Identification copy of the person who sold the land to Kirima Family!“ he stated.

The Environment and Land Court gave a ruling that ordered the affected settlers to vacate or be evicted from the 1,000 acres of land by December 31st.

In its ruling the court said the said land owned by the late politician Gerishon Kirima who passed on in December 2010 is property of Kirima Estate administrators.

The Environment and Lands Court recently handed the land to Kirima’s family in a case spanning over a decade.

Following the judgment, 300 Kenyans who were laying claim to the land were given until December 31, 2023, to vacate the premises.

It will be interesting to see how the case will end.

About The Author