Court orders preservation of Michuki Park title deed

The Land Court has ordered that the title deed held by a private firm claiming ownership of the contentious 26-acre Michuki Memorial Park in Nairobi be preserved, pending the determination of a suit filed by the company against the State.

Justice Benard Eboso said the title deed held by Uaso Nyarobe Waterfront Limited would be preserved until it concludes hearing a case in which the company is seeking Sh12 billion in compensation for the facility which was recently taken over by the government.

The Park was inaugurated by President Uhuru Kenyatta last month but the company moved to court accusing the government of trespass. The company wants Environment Cabinet Secretary Keriako Tobiko held personally liable and accountable for the seizure of the land and the government to vacate the property unconditionally.

Justice Eboso granted Mr Tobiko, the National Land Commission (NLC) and other parties more time to file their replies to the case.

While not denying ownership, the government through Mr Tobiko said in reply that it has been occupying the land for more than 12 years and public interest in the parcel, far outweighs private interest.

Mr Tobiko said in an affidavit that investments inside the park stood at Sh380.5 million as at 2012 and the government has continued to pump in more funds in improvement and restoration of the park by tree planting, infrastructure, beautification, river clean-up and restoration. The developments include constructions, repairing and fencing the area, construction of a footbridge connecting two sides of the park and walkways and a public ablution block as well as installation of solar powered lighting masts.