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Home»Briefing»Man seeks justice over forceful eviction from his 4-acre farm
Briefing

Man seeks justice over forceful eviction from his 4-acre farm

James Ekwenye, who acquired the disputed land from Patrick Mamai in 2000, now faces a dilemma as Mamai's sons, who are administration police officers, have blocked his access to the property
KNABy KNAMarch 25, 2024Updated:April 5, 2024No Comments2 Mins Read
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James Ekwenye
James Ekwenye with his advocate Kelvin Peter Shikhu, outside Malaba law court on Monday 21, March 2024. PHOTO | COURTESY
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By Absalom Namwalo

An elderly man from Rwatama area in Teso North sub-county is seeking justice at Malaba law court after being forcefully evicted from the four-acre piece of land he purchased 23 years ago while in public service.

The Nairobi Law Monthly September Edition

James Ekwenye, who acquired the disputed land from Patrick Mamai in 2000, now faces a dilemma as Mamai’s sons, who are administration police officers, have blocked his access to the property, destroying crops worth Sh 192,000, according to a report from an agricultural officer.

“The four-acre piece of land in Rwatama village, Angurai South Ward, Teso North Sub-County, was sold to me by Patrick Mamai in 2000 at Ksh30,500 per acre,” Ekwenye narrated.

Ekwenye presented the original title deed dated 24th October 2018 to confirm his ownership of the land, refuting claims made by the seller’s sons.

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Through his advocate, Kevin Peter Shikhu, Ekwenye expressed regret over the delay in fixing the hearing date, despite filing the case before Principal Magistrate Charo Momanyi in August last year.

Shikhu noted the prolonged proceedings despite his client’s reports to the police and local administration.

The case is scheduled for hearing on April 4, 2024. Shikhu urged the Principal Magistrate to recuse himself if he feels incapable of handling the matter. Additionally, he cited alleged interference by some investigation officers and called on the Director of Public Prosecutions (DPP) to intervene and expedite the process.

“We appeal to the DPP, IPOA, and DCI headquarters to investigate this matter thoroughly, as the county-level investigating agencies appear biased. Furthermore, we request the Chief Magistrate to transfer the case if he is uncomfortable overseeing it,” Shikhu emphasized.

The Nairobi Law Monthly September Edition

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