In Constitutional Petition No. E029 of 2026, the petitioners accuse state agencies of failing to protect their land.
They claim armed individuals carried out an organised and forceful invasion of the property.
Alleged occupation of 248-acre property
The petitioners allege that about 20 armed men entered their freehold property in Kiambu on April 11, 2026.
They claim the group fenced off sections of the land using iron sheets without permission.
The petitioners say the individuals remain on the property and continue occupying parts of the land.
They have also raised concerns over alleged excavation near overflow pipes connected to a riparian dam.
The petitioners warn that damage to the dam’s infrastructure could cause flooding and endanger nearby residents and properties.
Officials mentioned in the 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 gave instructions to police officers at the scene.
The petitioners accuse officers from Runda and Kiambu police stations of failing to respond to their complaints.
They claim the officers instead protected the alleged occupants.
Court orders requested
The petitioners want the court to order investigations into the alleged invasion.
They also want authorities to examine the conduct of the officials named in the petition.
The applicants seek immediate police protection for the property and preservation of evidence.
They are also asking the court to allow access to telecommunications and financial records that may support investigations.
The petitioners are 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 their responses.
The petitioners can file a rejoinder by May 15, 2026, if necessary.
The court will mention the case on May 19, 2026, for compliance and further directions.
Summary of the land dispute
The petition raises concerns about alleged unlawful occupation, abuse of power, and police inaction.
The petitioners want urgent court action to protect their property rights.
They also seek measures to preserve the environment and prevent a possible public safety threat.
