PATRICK GATHENYA V. ESTHER NJOKI RURIGI & ATTORNEY GENERAL

RULING OF THE COURT

On 29^th April, 2005, this Court determined C.A. NO. 128 of 2002 when it delivered judgment in a long standing land dispute between ESTHER NJOKI RURIGI (Njoki) and PATRICK GATHENYA (Gathenya). Sixteen years before our judgment, Njoki, the administratix of the estate of her late husband, had filed suit for recovery of Land Parcel No. Kiambaa/Kanunga/499‘A’ which she claimed was illegally occupied by Gathenya. She sought a declaration to that effect and an order for Gathenya’s eviction. The claim did not succeed in the superior court, but on appeal to this Court, the declaration and eviction order were granted. A consequential order was also made for cancellation of illegal amendments made to the Registry Index Map (RIM) by the Director of Survey. Each party was to bear its own costs of the litigation.

Ordinarily that would have been the end of the dispute between Njoki and Gathenya, since this is the final Court in the land. But Gathenya did not think so as he still fe…