The court has ordered hundreds of squatters to vacate contested land which belongs to ZumZum Investments.
The squatters have been given 180 days to vacate from the 100-acre land in Kiembeni, Mombasa County after which they will be forcefully evicted if they do not comply.
In a ruling by Environment and Land Court Judge Nelly Matheka, the ZumZum Investments were declared the lawful owners after the squatters failed to prove they had owned the land for the claimed 12 years.
“There has been no factual proof of when they took possession, the nature of the possession and for how long the possession went on for. Questions of facts have to be asserted and proved,” said Justice Matheka.
The judge further resonated his verdict by noting that the three squatters who claimed to have lived on the said land for 12 years lacked proof of physical occupation as their birth certificates showed they were born in Kilifi, kaloleni and Kwale.
“I find that the defendants in their evidence have failed to prove that they were in exclusive and actual possession, which requires proof of physical occupation for 12 years,” Justice Matheka added.
Judge Matheka further recapped May 25, 2016, of a letter by the deputy county commissioner to the squatters notifying them to vacate the land, which they declined to do.
ZumZum had gone to court with claims that the squatters illegally occupied the land, which they had no right to, and went on to establish permanent and temporary houses without notifying the company.
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