In Constitutional Petition No. E029 of 2026, the petitioners accuse several state agencies of failing to protect their land.
They claim armed individuals organised and carried out a forceful invasion of the property.
Alleged occupation of Kiambu property
The petitioners claim that about 20 armed men entered their freehold property on April 11, 2026.
They allege that the group unlawfully fenced off sections of the land using iron sheets.
According to the petition, the individuals remain on the property and continue occupying parts of the land.
The petitioners have also raised concerns over alleged excavation work near overflow pipes connected to a riparian dam on the property.
They warn that damage to the dam’s infrastructure could cause flooding and threaten nearby residents and surrounding properties.
State officials named in petition
The petition names Cabinet Secretary Kipchumba Murkomen, Kapseret MP Oscar Sudi, and Gatundu North MP Elijah Kururia.
The petitioners claim they saw Murkomen at the property while he travelled with a convoy.
They also allege that Sudi and Kururia directed police officers who arrived at the scene.
The petitioners further accuse officers from Runda and Kiambu police stations of failing to respond to their complaints.
They claim the officers protected the alleged occupants instead of taking action.
Orders requested from the court
The petitioners want the court to order investigations into the alleged invasion.
They also want authorities to investigate the conduct of the officials named in the petition.
In addition, they seek immediate police protection for the property and preservation of evidence linked to the dispute.
They have asked the court to allow access to telecommunications and financial records that could support investigations.
The petitioners are also seeking KSh100 million in compensation.
They cite emotional distress, financial losses, and alleged violations of their constitutional rights.
Court gives directions
Justice Bahati Mwamuye heard the matter on April 21, 2026.
The court directed the petitioners to serve all respondents and interested parties.
It also ordered them to file an affidavit of service by April 24, 2026.
Respondents and interested parties have until May 8, 2026, to file and serve their responses.
The petitioners may file a rejoinder by May 15, 2026, if required.
The court will mention the case on May 19, 2026, for compliance and further directions.
Case focus
The petition raises concerns about alleged unlawful occupation, abuse of power, and police inaction.
The petitioners argue that the court must act quickly to protect their property rights.
They also want measures to safeguard the environment and prevent a possible public safety risk.
