Former president Daniel arap Moi has joined a case in which the National Land Commissions (NLC) has been stopped from paying more than Sh400 million to a private company claiming ownership of a Sh1.6 billion parcel of land acquired for road construction.
Mr Moi, through lawyer Juma Kiplenge, entered the case in which four traders have opposed Tulip Properties Limited being paid Sh400,755,150 for the hiving of 2.3502 hectares for the construction of the Southern-bypass that runs from Kikuyu to Mombasa Road.
The traders say Tulip Properties Ltd cannot claim the money paid by NLC and the Kenya Urban Roads Authority (Kura) for the hiving off of its land since the question of ownership has to be determined.
Tulip has been battling over the ownership of the 16-acre land with Mohammed Koriow Nur, Simon Kiprono Laboso, Macdonald Lijoodi Makaka and Noor Mohammed Hassan.
The four traders reckon they were allocated the property by commissioner of land while Tulip says Moi sold them the plot.
Now, the retired President has joined the case and traders want the former powerful head of State to produce sale agreements and evidence of payment for the prime land.
“We need time to respond to issues raised by the four traders in their case,” Alex Masika holding brief for Mr Kiplenge urged. In the ownership dispute, Mr Moi has been named as a defendant by the four traders In the property suit.
The case is awaiting determination as to who between the company and the four traders is the bonafide owner.
When the case came up for hearing Wednesday before Mr Justice Samson Okong’o, lawyer William Arusei for the four traders sought time to file in court proceedings of a case in which the four traders were acquitted for the offence of forging Tulip Properties Ltd title deed to the land.
Mr Arusei told the judge that evidence led by the senior Lands officials showed that Tulip did not own the land.
During the hearing before chief magistrate Teresia Murigi top land registry officials produced documents showing the land was registered in the names of Mohammed Koriow Nur, Simon Kiprono Laboso, Macdonald Lijoodi Makaka.
Tulip is represented in the case by lawyer George Oraro while lawyer Ahmednasir Abdullahi will team up with Mr Arusei and Donald Awang in defence for the traders.
“Let this matter proceed to full hearing so that the issues in dispute can be determined,” Mr Oraro told Justice Okong’o.
Justice Okong’o directed that status quo be maintained.