The Anglican and Catholic churches in Nakuru have been ordered to pay Sh2 million in damages for illegally evicting a widow from her land in Molo.
The churches, along with 22 other people, were sued for trespassing on a 1.7-acre parcel of land in Molo, LR No Molo township Block 286, formerly known as UNS residential plot B/Molo township.
The land belonged to Ms Jacinta Wairimu Kimani, the widow of Mr Michael Kimani Kariuki — the original registered owner.
In his judgment, Environment and Lands Court Judge Anthony Ombwayo ruled that Ms Wairimu had proven ownership of the land.
The judge ordered the churches to pay her Sh2 million as damages for the losses she suffered due to the eviction and destruction of property.
“The court finds further that the plaintiff is entitled to the prayers sought for injunction and grants orders that judgment against the defendant in terms of a permanent injunction restraining them from remaining on, entering or re-entering into, carrying on any developments and or in any way dealing with and or interfering with the plaintiffs possession use and enjoyment of all that parcel of land,” ruled Justice Ombwayo.
Ms Wairimu filed the case in December 2007, accusing the churches of trespassing on her land, demolishing her properties, and evicting her.
She provided evidence that her husband was allocated the land on August 5, 1994, issued a certificate of lease in 2000, and had been in possession of the land since then.
“The plaintiff took possession, planted trees, cultivated and fenced and constructed a timber rental house,” she said .
The court heard that in 2007, the churches descended on the land, demolished Ms Wairimu's property, and evicted her tenants without prior notice. The widow stated that the rental house on the land used to earn her Sh13,500 per month.
In their defense, the Catholic Church claimed ownership of the land, stating that it had been allocated to them on March 6, 1997.
Senior lands official Wycliff Osodo told the court that the plot belonged to the Catholic Diocese and that he is aware of the allotment letter issued to Michael Kimani which refers to the same plot.
Mr Osodo claimed the allotment letter was issued to Michael Kimani Kariuki first but the Catholic Diocese complained to the District Commissioner and was issued with the second allotment letter.
He told the court that the former President, the late Daniel Toroitich Arap Moi had directed that the plot be given to the churches.
Canon Jane Wangari Munyui who is the Vicar ACK St Albans Molo however claimed to have no information about the case and that she has no case with the widow.
She told the court that the ACK church has no claim on the title by Jacinta Wairimu, the plaintiff.
Peter Mucheru, a catholic priest who was at the time in charge of the molo parish stated that the land belonged to the church and was not aware the woman was on the land.
He said the land was initially used by the church for weddings and maintained that Mr Kimani obtained ownership of the title illegally through fraud .
Justice Ombwayo however ruled that the allotment letter which was first issued to Mr Kimani superseded the second one issued to the church.
"This court finds that the allotment letter issued to the plaintiff prevails over the allotment letter issued to the defendant," Stated the judge.
