High Court stops the building of a police station in Narok
The High Court has stopped the National Police Service from completing the construction of a police station on an alleged grabbed parcel of land in Narok County. The land is valued at more than Sh100 million.
Justice Mohammed Kullow on Tuesday ordered that Inspector General of Police Joseph Boinnet, the Narok OCPD and Attorney-General Githu Muigai halt the construction of the police station until a case filed over the matter is heard and determined.
The case was filed under a certificate of urgency.
Mr Kitilai ole Ntutu claims ownership of the land.
Justice Kullow said Mr Ntutu’s rights to own property under Articles 40 and 64 of the Constitution have been breached by the state agency.
In his ruling, the judge said evidence presented by lawyer Titus Koceyo has proved that the parcel belongs to Mr Ntutu and the state did not make any attempts to acquire it legally, but has invaded it.
“The OCPD Narok is brandishing state power to encroach, trespass and take possession of the petitioner’s land unlawfully and unconstitutionally,” Mr Koceyo told the judge on Tuesday.
The lawyer said all attempts by Mr Ntutu to resolve the matter amicably have been unsuccessful.
Mr Koceyo said the Ministry of National Planning and the District Land Surveyor furnished Boinnet, the Narok OCPD and the attorney-general with all the legal titles vesting the property on Mr Ntutu but “they have turned a blind eye in their abuse of power and authority to deprive the petitioner of his property.”
The judge heard that in September 2017, the OCPD unconstitutionally and unlawfully took over a portion of the petitioner’s land and began constructing the police station.
Mr Koceyo urged the judge to intervene and protect Mr Ntutu’s property from wanton destruction.
Justice Kullow heard that the respondents have grossly infringed on the petitioner’s rights to his private property, causing him economic and emotional loss and damage.
In his ruling, the judge said, “A conservatory order be and is hereby issued against the respondents, their employees, agents, servants restraining them from encroaching on, constructing structures upon, depriving the petitioner of or trespassing on his property.”
The hearing of the case has been set for December 5, 2017.