Stinking business: Court dismisses Johnson Muthama's human waste dump complaint against neighbours
Former Machakos senator Johnson Muthama during an interview in Nairobi on Thursday, November 16, 2023.
Former Machakos senator Johnson Muthama is embroiled in a land dispute with his neighbours and has accused them of dumping human waste and cutting down trees on his farm in Matungulu, Machakos county.
Mr Muthama through his firm-Johnson Muthama Holdings Limited-lodged a constitutional petition against six respondents and urged the court to find that he was the rightful owner of three contested parcels of land.
He further sought orders restraining the respondents, their servants and employees from interfering with the parcels and continued dumping of human waste around the property.
In her ruling, Environment and Land Court judge in Machakos Annet Nyukuri dismissed the petition arguing Mr Muthama and his holding company failed to prove the allegations of dumping raw human excrement.
The judge also noted that the former legislator, who is currently serving as commissioner of the Parliamentary Service Commission (PSC), had sued a dead person among the six named in the suit, and there was no way the deceased would have done the things he was being accused of.
“The upshot clearly demonstrates that the petitioner has failed to prove allegations that the respondents dumped raw human excrement on the property or brought down the trees,” ruled justice Nyukuri.
She said by looking at the photographs produced by Mr Muthama as exhibits, there was nothing to show raw human excrement or that the trees had been cut down. Mr Muthama moved to court in July 2021 accusing Mr Francis Mulwa Kavoi, Mr Joseph Nzyoka Musomba, Mr Muthoka Mataka, Mr Albanus Muasa, Mr Mbithi Ngulukyo and Mr Daniel Mutiso of trespassing on his parcels, cutting down trees and dumping raw sewage.
The former chairman of ruling United Democratic Alliance (UDA) sought several orders including a declaration that he had proprietary rights and interest over the parcels of land and that the six be restrained from trespassing.
Mr Muthama informed the court that the respondents had found unscrupulous ways of breaching his right to quiet and peaceful enjoyment of his property by bringing an exhauster and dumping raw human waste.
He stated that the horrid stench and noxious gases emanating from the human waste for months had grievous effects on persons living and working on the property.
Again, he claimed the raw human waste was slowly eating away his fence, compromising its structural integrity and exposing inhabitants to security risks and attacks from wild animals and reptiles.
Mr Wilson Ngumbi, the firm’s general manager, argued that the actions would expose the residents to deadly diseases and the environment to unimaginable hazards. Mr Ngumbi said one of his agents found the neighbours had trespassed on the land on October 5, 2016 and attempted to cut down the trees.
He moved to court and obtained an injunction in June 2020 restraining respondents from trespassing or interfering with the property. Mr Kavoi opposed the case contending that none of them had ever trespassed on the property. He argued that the petition by Mr Muthama was actuated by malice aimed at harassing and intimidating them.
The respondents accused Mr Muthama of obtaining the title deeds through fraudulent means and that the matter was awaiting court determination.
