Widow, daughter battle eviction from Sh80m South B property

upepo

Elder Lister
1781863123650.webp


Widow Janet Kabugi /HANDOUT

A widow is fighting a violent eviction from their South B valued at Sh80 million, insisting that due process was ignored despite a court order scheduling a hearing for July 2.

Janet Kabugi says she was never notified of the eviction, which took place at night when more than 20 people stormed the compound, stole laptops and valuables, and forced them out.

Police later sealed the gate, preventing re‑entry, even though no lawful notice had been served.

“We have lived here for more than 20 years. The children were born here. If supposedly there was a notice, it should have been pasted on the property or served directly.

Show us evidence that we were communicated to or that we refused to acknowledge it,” daughter Peninah Kabugi said.

The family argues that the orders were issued through the Business Tribunal, which handles landlord‑tenant disputes, not land ownership cases.

“Show us evidence that we paid rent or signed a tenancy contract. We are landowners with title documents, not tenants,” she added.

The family insists the matter belongs in the Environment and Land Court, where both sides can present evidence.

Kabugi explained that the only contact details available in the system were postal addresses, making communication ineffective. “How do you communicate with someone using a postal address in this day and age? If they knew this was our land, they would have come to us directly.

We have served them with the appropriate documents, but they never reached out,” she said.

The widow said her family has always complied with the law, paying land rates and following the proper channels to secure title.

She questioned why the eviction was carried out before the scheduled hearing date. “If there is a claim, let it be addressed in the right court.

We are willing to comply with the July 2 hearing. But why come at night with force, through the wrong tribunal, and treat us as tenants when we are not?” Kibugi asked.

Kabugi described the ordeal as mental, emotional, and physical torture. “We are peaceful people, born again, and we love the Lord.

But at the end of the day, we are human beings and Kenyans. It has to matter that I am a Kenyan, like any other person,” she said.

Legal experts note that land disputes fall under the jurisdiction of the Environment and Land Court, not the Business Tribunal.

The use of tribunal orders to justify eviction in a land ownership case raises questions of abuse of process and possible political interference.

The family is now calling on authorities, human rights bodies, and the courts to ensure due process is followed and that those responsible for theft, assault, and unlawful eviction are held accountable.
 
Back
Top