00:00 I'm here to talk about the decision made by the Environment and Land Court yesterday
00:13 concerning the purported Kirimas land, 1,000 acres land.
00:22 But I want to state that there are ways of acquiring land, and one of them is through
00:31 what we call adverse possession.
00:36 And in adverse possession, the law operationalizing adverse possession is limitation of Actions
00:43 Act 2012, Section 37, read wholly with Section 38.
00:50 It is now judicially settled that adverse possession is a way a person can lawfully
00:57 acquire ownership of land.
01:00 The following factors are required to be fulfilled and shall be read conjunctively.
01:08 Number one, one should be in occupation of that land at the time of seeking adverse possession,
01:17 and in the present case, these people are in occupation of the parcel of land.
01:25 Number two, the person must have been occupying that parcel of land for a period of at least
01:31 12 years, meaning at least means 12 years or more.
01:36 In the present case, these people who are my people have been in occupation of this
01:42 land for a period of over 12 years.
01:46 If we take into account the time that Kirima died, which was on 10th of December 2010,
01:56 to date, if you only take from that time to date, we have 12 years, 10 months.
02:02 So these people are overqualified to occupy that parcel of land and be the rightful owners
02:10 legally through adverse possession.
02:14 Number three, entry into this land should not have been consented by the owner of the
02:21 land.
02:22 Initially, the entry should not have been consented, and in the present case, at the
02:26 time of the death of the owner of the land, that is Kirima, no consent had been drawn.
02:36 Number four, the land in question should not be a public land, and in the present case,
02:44 the land in question is a private land alleged to belong to Mr. Kirima.
02:52 Number five, the occupation should be open and notorious.
02:57 I need not dissect that.
03:02 Number six, there has to be knowledge of occupation.
03:06 In the present case, our people, my people have and continue to be in occupation with
03:14 the knowledge of the owner.
03:17 Therefore, I want to say that the judgment that was arrived at yesterday by the judge,
03:26 the judge had made a mistake in the decision that he made, that this said parcel of land
03:34 does not belong to the people of Mbakasi East constituency.
03:39 I want to say that currently we are going to pursue an appeal.
03:46 We are going to appeal this decision, and because this matter is a matter of public
03:51 interest, this matter must reach the Supreme Court, and this parcel of land must be given
03:58 to my people through adverse possession, taking into account the requirements that I have
04:07 just read.
04:10 Number two, we will also seek for negotiations to ensure that Kirima's family agrees to negotiate
04:23 with the great people of Mbakasi East constituency.
04:28 Should they refuse, then through adverse possession, this 1,000 acres parcel of land clearly belongs
04:41 to the people of Mbakasi East constituency.
04:46 Next, the President has been so active with the issue of the affordable housing, that
04:59 he wants every Kenyan citizen to have a house, and that he has moved and practically started
05:09 construction of the said houses.
05:11 Why then should we encourage as a government demolition of houses, as was recently experienced
05:20 in Mavoko?
05:24 Should this apply in Mbakasi East constituency?
05:28 I can assure you that should my people lose their houses, because they shall have lost
05:34 everything, we are going to fight back.
05:39 We are going to fight back, and I call upon my people in Mbakasi East constituency not
05:45 to sit and watch as their property is being demolished, as their property is being destroyed,
05:57 because through adverse possession, they are the rightful owners of the said parcels of
06:05 land.
06:08 And I want to advise this government that in the spirit of togetherness, live and let
06:17 live, eat and let eat, let my people be, we will fight for the interest of my people.
06:28 As a member of parliament, that is my inherent and inalienable duty to defend not only spiritedly,
06:37 but also religiously the interest of the great people of Mbakasi East constituency.
06:46 I once again call upon Kirima's family, because Mr. Kirima has died many, has already died,
06:54 he died many years ago, and right now, find it easy in your heart to come on the table
07:07 and talk with my people, to negotiate, because they are willing to negotiate with the family.
07:16 Do not be arrogant about it.
07:22 He who comes to equity must come with clean hands, come with open hearts, and come ready
07:30 for what my people will offer.
07:34 If you refuse, through adverse possession again, this property is ours.
07:42 Thank you.
07:42 [END]
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