Residents seek contempt charges against Swazuri over disputed Kenyatta University land
National Land Commission chairman Muhammad Swazuri. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- The residents, who want Dr Swazuri to be charged with contempt of court, claimed that they had been issued with a one-month notice to vacate the disputed land.
- Through their lawyer Kabue Thumi, they argued that High Court judge Josephine Nyamweya had stopped their eviction pending the hearing and determination of three suits over the disputed 130 acres of land.
- Mr Thumi claimed the directive was issued by the NLC chair on January 16, through a local daily newspaper with caption: "Varsity land occupants ordered out".
National Land Commission chairman Muhammad Swazuri may face contempt-of-court proceedings after issuing a notice to vacate to more than 2,000 families allegedly residing on disputed Kenyatta University land.
The residents, who want Dr Swazuri to be charged with contempt of court, claimed that they had been issued with a one-month eviction notice to allow the construction of a Sh3 billion children's hospital.
In a January 16 letter addressed to the commission chairman, the families are demanding that the directive to vacate within 14 days be withdrawn or else they would go ahead to seek the contempt-of-court charges.
Through their lawyer, Kabue Thumi, they argued that High Court Judge Josephine Nyamweya had stopped their eviction pending the hearing and determination of three suits over the disputed 130-acre land.
However, Dr Swazuri opted to act contrary to the existing order by issuing the eviction notice to them.
BARRING ORDERS
“There are existing barring orders in place until the substantive suits are heard and determined, consequently the directive with tremendous respect amounts to contempt of court as the same runs counter to the spirit of the orders issued,” said Mr Thumi.
Mr Thumi claimed the directive was issued by the NLC chairman on January 16, through a local daily newspaper with the caption: "Varsity land occupants ordered out".
“We would like to bring to your attention that these three suits are pending, further there are injunctive orders in place, in view of the foregoing, we would wish to have your written confirmation withdrawing your directive,” read the letter.
Dr Swazuri allegedly issued his directive when he toured the land, which has sparked a dispute between the university and the residents, who allege that they had been allocated the land by President Jomo Kenyatta.
According to Dr Swazuri, a probe conducted on the land indicated that it belongs to the university and therefore the residents are merely squatters who are required to vacate.
The NLC chairman had added that the university had allowed only 672 squatters to continue residing on 30 acres of the land.
But the university claimed efforts to evict the alleged squatters in the past 13 years had been futile and this had delayed the construction of the multibillion-shilling children's hospital.
