Counties

Kanu loses Murang'a land

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Summary

  • The independence political party, Kanu, has lost ownership of a piece land that it has occupied for over 41 years in Murang'a town, in one of the multiple property legal battles facing the party.
  • In a judgment passed by the Environment and Lands Court, Justice Grace Kemei found the land belongs to Murang'a county government and that the political party is a tresspasser after it failed to prove ownership.
  • The judge also dismissed a claim by a Murang'a town businessman, Evans Nakhabala, who sought to be declared owner of the prime property.

The independence political party, Kanu, has lost ownership of a piece land that it has occupied for over 41 years in Murang'a town, in one of the multiple property legal battles facing the party.

In a judgment passed by the Environment and Lands Court, Justice Grace Kemei found the land belongs to Murang'a county government and that the political party is a tresspasser after it failed to prove ownership.

The judge also dismissed a claim by a Murang'a town businessman, Evans Nakhabala, who sought to be declared owner of the prime property.

"Mr Nakhabala and Kanu failed to place any evidence before me to support any surrender of lease and or allotment or ownership of the title to either of them," said the judge while throwing out Kanu's counterclaim in a case filed by the businessman.

The judge found that Kanu did not prove any right on the land capable of being protected by the court.

She also declared that the land's title held by Emukei Transporters Limited, which bought the property from the businessman in 2016, is invalid.

The company had used the title to secure a Sh5 million loan advanced by the Consolidated Bank.

Evidence tabled in court indicate that the suit land was registered in the name of the Salvation Army church on February 28, 1972 under a leasehold for a term of 33 years from July 1, 1964.

In 1975 the church indicated to the Commissioner of Lands its intention to surrender the lease to the County Council of Murang’a, the head lessor. However, no action was taken on this request.

Correspondence on record show that in 1994 the church changed its mind and requested for an extension of lease for a period of 99 years from July 1, 1997.

Kanu Murang'a branch secretary Pharis Solomon Chege told court that the party occupied the land from 1972 to 2013 when it was sued by Mr Nakhabala for trespass.