The Environment and Land Court in Malindi has ruled that a 194-acre land in Manda Island, Lamu County duly belongs to the Kenya Airports Authority (KAA).
This gives a nod to eviction of 25 residents who have been claiming ownership of the piece of the land “without basis”.
The land is meant for the expansion of the Manda Airport.
Issuing his ruling, Justice James Olola said that by the time the case was filed by the residents in 2014, 12 years had not lapsed thus a claim for adverse possession had not crystallised.
“The defence (KAA) testimony and evidence placed before me remains uncontroverted, evidence points to the fact that the land was at all times Government land earmarked for expansion of the Manda Island airport,” said Justice Olola.
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According to court submissions, the residents were notified to vacate the land and even offered compensation on humiliation grounds, but declined.
“KAA has proved on a balance of probability that it was entitled to the orders sought in the counterclaim,” added Justice Olola.
It is reported that the residents did not send a lawyer, and were even not present to cross-examine the evidence presented before court by KAA.
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