Kenya's Most Authoritative Political Newspaper

Citizen Weekly

Sunday, 22 March 2015

Peasant takes county government to court

A peasant has moved to court accusing the Kisii county government of constructing a road which is not in the government survey maps through his land without his consent.
Josphat Kegengo has sued the county government together with the county director of roads and Blue House General Contractors who have been awarded the tender saying that the respondents were acting with impunity.
Kegengo wants the respondents to be restrained from constructing the road passing through his land parcel Nyaribari Chache/Nyanturago/737 where he ekes his livelihood from.
Kegengo avers that on March 2, this year, the county government and the director of roads engaged Blue House contractors to construct the 42 feet wide road on his land without his consent even after he had not been compensated.
The complainant says in his sworn affidavit that the road that runs along his 600-metre long farm land does not exist in any survey of Kenya maps and by tresspassing on his land, he has been deprived of up to one acre of land and he stands to suffer huge losses.
Kegengo who is demanding general damages for trespass and cost of the suit, is also seeking permanent injunction restraining the defendants, their agents, servants and anyone claiming to act on behalf of the defendants from diverting or interfering with the suit land.
In a replying affidavit, Gorge Illa, an attorney for the Kisii county government, averred that the county government of Kisii had not instructed the county director of roads and Blue House Contractors to construct a road on the disputed site.
Environmental and lands court Judge Justice Samson Okong’o who is hearing the case fixed it for May 11 this  year.