Daniel Mwangi Mbugua and Wanjiru Mwangi have moved to the High Court in Kiambu, seeking urgent intervention over an alleged violent occupation of their 248-acre property.
In Constitutional Petition No. E029 of 2026, the two petitioners accuse several state agencies of failing to protect their land from what they describe as an organized and forceful invasion by armed individuals.
What the Case Is About
The petitioners allege that on April 11, 2026, about 20 armed men unlawfully entered their freehold property in Kiambu and began fencing off sections of the land using iron sheets.
They claim the group has remained on the property and continues to occupy portions of the land.
A major concern raised in the petition is the alleged excavation of overflow pipes connected to a riparian dam on the property.
According to the petitioners, interference with the dam’s infrastructure could trigger flooding, posing a serious risk to nearby residents and surrounding property.
Senior Officials Named
The petition names Cabinet Secretary Kipchumba Murkomen, Kapseret MP Oscar Sudi, and Gatundu North MP Elijah Kururia.
The petitioners allege that Murkomen was seen at the property accompanied by a convoy, while Sudi and Kururia allegedly issued instructions to police officers at the scene.
They further claim that police officers from Runda and Kiambu police stations failed to act despite reports being made and instead allegedly provided protection to the alleged invaders.
Orders Sought
The petitioners are seeking orders compelling investigations into the alleged invasion and the conduct of the officials named in the case.
They are also seeking immediate police protection for the property, preservation of evidence, and access to telecommunications and financial transaction records that may aid investigations.
In addition, they want KSh100 million in compensation for alleged emotional distress, financial losses, and violation of their constitutional rights.
Court Directions
The matter came before Justice Bahati Mwamuye on April 21, 2026.
The court directed the petitioners to serve all respondents and interested parties and 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 necessary.
The case will be mentioned on May 19, 2026, for compliance and further directions.
Case Summary
The petition centers on allegations of unlawful occupation, abuse of power, and police inaction in a high-stakes land dispute.
The petitioners argue that urgent court intervention is necessary to protect their property, preserve the environment, and avert a potential public safety disaster.
