Court stops MP from interfering with 20-acre Laikipia land

Stewart Cunningham in his home compound on the outskirts of Nanyuki town. [Photo: Kibata Kihu/Standard]

A Nanyuki farmer has obtained orders barring Laikipia East MP Antony Mutahi from interfering with what he claims to be his land in Laikipia County.

The farmer has been engaged in a tussle with the MP over the 20-acre farm.

Stuart Cunningham claimed he had been marooned in his home for three days following a stand-off occasioned by hired men.

The land is on the Nanyuki-Doldol road, opposite the British Army Training Units in Kenya (Batuk) camp. The High Court in Nyeri issued the orders Wednesday.

The farmer complained that visitors to the farm were being subjected to thorough search by the youths allegedly hired by Mr Mutahi.

Mr Cunningham noted that he had become a prisoner in his own land.

By Wednesday noon, one of his lawyers, Margaret Shava, said they were looking for a chopper from Nairobi to access the farm due to threats posed by the youths.

Issuing the orders, judge Jairus Ngaah barred the MP, his agents, servants or assignee from constructing, erecting any structure on the land, pending the inter-parties hearing on October 21.

Justice Ngaah also directed the police to provide security to the applicant, after he expressed concern for his life but declined to issue orders instructing Nanyuki OCPD from evicting the respondent.

The judge further declined to give a permanent injunction, saying the matter can only be considered after hearing from all parties.

Under a certificate of urgency, Cunningham told the court that on Saturday at 6am, the MP accompanied by 50 armed men entered the suit property in a bid to evict him.

He asked that the hearing be heard within 14 days from the date of the order.

"The MP forcibly entered the suit land and proceeded to cause havoc and destruction of the property without any right or order of the court," Cunnningham observed.

He said as a result of the invasion, he suffered substantial damage worth millions of shillings.

He said his life and that of his family were at risk following threats from the respondent.

The farmer said the destruction of the property had immensely reduced the value of the suit land.

"If this application is not granted, the suit now pending before the court will be rendered nugatory and any decision in favour of the applicant will be in vain," he stated.

The applicant observed that Mutahi had no legal right or title or any other document, to show what interest or right he had in regard to the land.

He further requested to be allowed to safeguard his property, on which he had lived for 21 years , as per the order dated October10, 2012.

High Court judge Joseph Sergon had initially issued an injunction restraining the second respondent, Livia Le Poer Trench, his agents, servants or assignee from interfering or transferring the land reference number 10422/13.

"This application has taken a different dimension as an earlier court case is still pending in court," Cunningham said.

He said the property has a dwelling house and has ten stables for horse, three staff quarters, a garage, a store, a water tank and 15 horses.