Criticos wants people residing on his Taita Taveta land removed

Former assistant minister Basil Criticos has gone to court seeking to have some Taveta residents permanently moved out of his land. Mr Criticos, who has also sued the Attorney-General, also wants the residents to be permanently stopped from further construction on the land and a declaration that he is entitled to general damages as a result of their actions.

According to Mr Criticos, he has at all times been the registered owner of the land and has been “peacefully enjoying possession” when the residents unjustifiably encroached on his property and started constructing houses on some parts of it.

Mr Criticos, who is a former area Member of Parliament, also wants the AG through the registrar of titles to immediately cease issuance of title deeds by the director of settlement, to portions of his land.

He also wants all titles issued by the director of settlement cancelled. “The defendants action are contrary to the legal provisions on the sanctity of title, peaceful and quite enjoyment of property especially by the plaintiff,” said Mr Criticos in his suit papers.

The former legislator claims the residents’ actions have made him unable to utilise the portion of land that the residents have encroached upon. He further argues that the residents are intent on dispossessing him of the portion of land they illegally occupy.

“Despite the demand made and notice of intention to sue having been given, the defendants have failed, refused and neglected to make good the plaintiffs claim,” said Mr Criticos.

He also wants a declaration that the residents’ encroachment on the land are illegal and violation of his constitutional and legal right to peaceful enjoyment of his portion of land.