The airports regulator is seeking an order to quash a decision of the NLC to uphold a title for parcels of land it claims it owns in Mombasa in favour of East African Gas Company Ltd.
Through lawyer Augustus Wafula, KAA argued that actions by the agency amounted to obstruction of justice.
KAA claims that NLC had purported to exercise jurisdiction to hear and determine a dispute over land ownership between itself and EAGCL. It also wants an order issued restraining NLC or its agents from interfering with its ownership, possession and occupation of the land.
The Kenya Airports Authority says the National Land Commission had no jurisdiction to “sanitize” title deeds of parcels of land at Moi International Airport allegedly acquired corruptly.
KAA further said NLC should not have confirmed ownership of the parcels of land (to another entity) without its (KAA) participation.
The airports regulator is seeking an order to quash a decision of the NLC to uphold a title for parcels of land it claims it owns in Mombasa in favour of East African Gas Company Ltd.
Through lawyer Augustus Wafula, KAA argued that actions by the agency amounted to obstruction of justice.
Mr Wafula told Justice Anne Omollo of the Environment and Land Court that if a dispute concerning the land was in court, NLC had no jurisdiction to deal with it.
KAA claims that NLC had purported to exercise jurisdiction to hear and determine a dispute over land ownership between itself and EAGCL. It also wants an order issued restraining NLC or its agents from interfering with its ownership, possession and occupation of the land.
According to KAA, NLC purported to uphold EAGCL illegally acquired titles over 12 parcels of land hived off Moi International Airport land which is still in its (KAA) use and where the issue of illegal excision of the land is subject to a court case in Nairobi. “The respondent (NLC) denied the applicant a reasonable opportunity to state its case which was already in the public domain considering that there were criminal proceedings instituted by the office of the Director of Public Prosecutions over the same land,” said KAA. Through lawyer Wahome Murakaru, NLC told the court that the parcels of land were subject to compulsory acquisition for construction of the Standard Gauge Railway.
Mr Murakaru said only the gas company participated in proceedings by NLC which sought to review the legality of the grants over the land.
“We had jurisdiction to review the parcels of land,” said Mr Murakaru adding that the application by KAA was premature and in bad faith.
NLC acting Vice-Chairperson Abigail Mbagaya said the decision to review the legality of the grants over the parcels of land was made following a complaint by the county government of Mombasa which had alleged that they (grants) were issued unlawfully.
In her affidavit, she said the complaint was made while NLC was in the process of acquiring portions of the parcels of land for the construction of the SGR.
She further said before commencing the review, NLC published notices informing the public of its intention to review the legality of the grants.
Through lawyer Macharia Ng’aru, the gas company opposed the application by KAA saying it ought to be dismissed with costs. According to an affidavit, EAGCL says NLC conduct of review of grants and disposition was lawful.
Through prosecution counsel Jami Yamina, the DPP supported the application by KAA. EACC also supported the application by KAA saying the disputed parcels are public properties belonging to KAA.
PAYE Tax Calculator
Note: The results are not exact but very close to the actual.
