Teleposta Pension Scheme has won back a parcel of land in Thika town that had been fraudulently allocated to an individual over two decades ago.
Environment and Land Court judge JG Kemei ruled that there was overwhelming evidence that the property was allocated to the defunct Kenya Post and Telecommunications Corporation (KPTC) and later transferred to the scheme.
The judge added that the corporation then constructed houses for its staff and has been in active occupation and possession of the land for over seven decades.
Vicky Khadaka Liyai, however, holds a title deed to the land after allegedly purchasing it from Cyrus Gichinga.
“It is hereby declared that the purported allocation and issuance of the title in favour of the first defendant (Mr Liyai) was fraudulent, illegal wrongful, null and void,” said the judge as she directed Thika Lands Registrar to cancel the title deed and issue of a new one in favour of the scheme.
Staff housing scheme
The court heard that the land was reserved for a staff housing scheme in the 1950s. The defunct KPTC then developed some houses, which its members have been occupying.
Mr Liyai said he acquired the land from Mr Gichinga on August 6, 1999, and before that, the land had been allocated to Alexander Imbayi, his brother.
Mr Liyai told the court that he worked for the Department of Physical Planning at Thika for 11 months in 1995-96.
He confirmed that he authored a letter dated January 1996 in which he confirmed to the Commissioner of Lands that the property was vacant and available for alienation.
Cancellation of the title
The scheme told the court that the National Land Commission had ordered for cancellation of the title on July 17, 2017, but the title deed was yet to be revoked.
Teleposta Pension Scheme is engaged in protracted legal battles as it consolidates its real estate, some of which it maintains was fraudulently acquired.
The scheme has also been struggling to meet its obligations to its members as it fights to win back assets that it lost fraudulently.
The KPTC was one of the largest parastatals in Kenya in the 1990s before three organisations, Telkom Kenya, Postal Corporation of Kenya and Communications Commission of Kenya, were carved from it.
The reorganisation led to the creation of the scheme in 1999 to administer, manage and pay pension benefits to the former employees of KPTC and the three new entities.
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