JUDGMENT OF THE COURT
The appellant purchased Plot Numbers 0665 and 595 both situate at Prisons/Kiwandani informal settlement in Kilifi, “the suit premises” sometimes in May, 2010. He thereafter put up various structures thereon including a residential house and a stone perimeter wall. The appellant too is a member of the Prisons/Kiwandani Residential Upgrading, a Community Based Organization “CBO” formed by persons residing in the area who had encroached and informally settled as squatters on Government land that had been designated as an Agricultural Show Ground and dumping site within Kilifi Township. The objectives of the CBO were to advocate for land rights of the said squatters by engaging the relevant Government organs to have their land tenure formalized and also to engage the then Kilifi Town Council to have the Prison/Kiwandani Informal Settlement upgraded by having a Part Development Plan “PDP” prepared and approved. As the exercise got underway, members were allowed to comm…