Kenya averts diplomatic spat with Rwanda after property ruling

The ruling has dispelled fears of a possible diplomatic spat with Kenya, which was given land of equal size and value in Rwanda.

Mr Awale had in the suit claimed that he acquired the land in 1986 and was granted a leasehold by the Land ministry for 99 years.

Mr Justice Emukule held that Mr Awale’s title was not genuine as the details provided on the land differed with those stated on the land’s deed plan. He further found that the Land ministry officer whose name appears on Mr Awale’s title has disowned the document.

“The officer who allegedly issued Mr Awale’s title, has denied ever preparing the title! According to the replying affidavit of the Changamwe District Commissioner Douglas Mutai, the documents produced by Mr Awale were, upon cross-checking by the commissioner of land found to be forgeries. The balance of probability is that the suit property was first allocated to Rwanda,” Mr Justice Emukule ruled.

The judge gave Mr Awale 60 days from May 31 this year to vacate the land.

Mr Awale filed the suit to stop his eviction from the land by police and local administration officers.

Rwanda was given the land for construction of warehouses to ease cargo handling for its traders using the Mombasa port. Mr Awale has been using the land for his trucking business and wanted Rwanda restrained from occupying the property.

At least 40 per cent of the landlocked country’s imports and exports pass through Kenya, and the warehouses are intended to offer its traders reprieve in terms of storage costs at the port.

Rwanda’s traders have in the past protested at high costs incurred at the Mombasa port in the course of business.