Kwale International Sugar Company Ltd (KISCOL) also wants a permanent injunction restraining the squatters from trespassing on its land.
The company claims that the squatters have trespassed on its land and are in possession of a high water line adjacent to Mkurumudzi Dam whose construction is yet to be completed.
The company has also named the National Land Commission and the Attorney-General as interested parties in the suit.
A sugar production company is seeking to have squatters evicted from its parcel of land and a declaration that their occupation as illegal.
In a petition at the Mombasa High Court, Kwale International Sugar Company Ltd (KISCOL) also wants a permanent injunction restraining the squatters from trespassing on its land.
The company claims that the squatters have trespassed on its land and are in possession of a high water line adjacent to Mkurumudzi Dam whose construction is yet to be completed.
“The petitioner cannot complete its dam project due to the presence of the squatters,” the company said in its petition in which it has sued 24 squatters.
The company has also named the National Land Commission and the Attorney-General as interested parties in the suit.
It further said that the construction of the dam poses a high risk to the squatters due to flooding and threat of water-borne diseases.
KISCOL further argues that pursuant to a series of consultative meetings with the squatters, their representatives and the county Government of Kwale, it has offered compensation of Sh500,000 each to those affected.
The company says it has also offered reasonable compensation for crops and structures for the affected squatters.
It further argues that unless the petition is heard urgently, the petitioner is going to suffer economic loss as it will be unable to complete its irrigation project and produce sugarcane for milling.
According to the company, the squatters have gained entry, erected residential premises, undertaken farming and utilised its land without consent hence violating its rights.
“The respondents have violated the petitioner’s economic and social rights by preventing the petitioner from completing the construction of the dam to enable the petitioner to grow sugarcane through an irrigation scheme as it had projected,” the petition reads.
The company adds that there is no reasonable basis for the squatters to insist on illegally residing on his property if it has taken care of their compensation and provided alternative parcels of land for purposes of construction of their homes.
“As a result of the respondents' action, the petitioner has suffered and continues to suffer harm to its businesses and risks losing the financial support it had managed to secure from its lenders,” the petition further stated.
As a result of the illegal occupation, the petitioner further states it has suffered gross violations of its rights as stipulated under the Bill of Rights.
The company also wants a declaration that the respondents (squatters) have violated the petitioners rights under the constitution and that it is the legal owner of the parcel of land.
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