An 82-year-old grandfather who was forcefully evicted from his 12-acre piece of land in Moiben sub-county has accused the Uasin Gishu government of contempt of court.
Isaiah Kunyama was testifying before Eldoret Senior Resident Magistrate Christine Menya in a case where he has sued the county for forceful eviction and malicious damage to the property, which the county lays claim to.
On Wednesday, Mr Kunyama told the court that he was evicted without notice even after securing a court order to bar county enforcement officers from ejecting him.
Through his lawyer, Kiplagat Misoi, Mr Kunyama accused county officials of disregarding court orders.
Mr Kunyama showed the court ownership documents for the property worth millions of shillings.
The prime property is situated in Moiben township, and the plaintiff told the court he has been living on it since 1969.
But the county government denied evicting Mr Kunyama after receiving a court injunction stopping the eviction.
NLC confirms ownership
The plaintiff received an allotment letter from the National Land Commission (NLC) in 1996 after following the required process.
In a letter dated November 26, 2016, the NLC confirmed that it allocated the land to Mr Kunyama, who said he has been paying land rates on the property.
Isaiah Kunyama, 82, with his wife Mary Kunyama at their home in Moiben, Uasin Gishu County on November 04, 2022. His family lives in tents, and he is battling a case in court over forceful eviction, where county authorities keep demolishing his houses whenever he rebuilds.
The NLC directed the county government to keep away from the contested property because their records indicate that Mr Kunyama is the rightful owner.
“The above captured parcel of land as per our records belongs to Isaiah Kunyama and has subsequently been paid for,” stated a letter from the NLC signed by W. Otieno for the NLC chairman.
Fake papers
In response, the county government, through lawyer J.K.R. Mutai, claimed that the ownership documents presented in court by Mr Kunyama were not genuine.
The lawyer asked the court for permission to invite a document examiner to court to confirm the validity of the documents.
“We would like officials from the NLC, together with an expert in document examination to appear in this court to shed light on the alleged documents of ownership,” the lawyer told the court.
Mr Kunyama’s lawyer did not object to the application, but wondered why the defendant had not sued the NLC for forgery of documents.
Ready to prove
Lawyer Misoi told the court that his client was ready to prove to the court that documents in his possession were genuine.
Mr Kunyama now has an order restraining the county government from interfering, demolishing, alienating, disposing of or evicting him from the property.
He accused the county of using mischief to issue verbal eviction threats to him and capitalising on his advanced age to attempt to grab his property.
He also claimed that the county government had refused to furnish him with documents relating to the ownership of the property.
Mr Kunyama wants the court to order the county government to keep away from the property and pay him damages.
Meanwhile, the magistrate has summoned NLC officials and document examiners to appear in court to confirm the authenticity of Mr Kunyama’s documents.
The case was adjourned to January 17, 2023. BY DAILY NATION