Economy

NCCK accused of transferring city jua kali sheds land

juakali

An artisan at work in Nairobi: The Ministry of Lands says the Buru Buru land earmarked for artisans on Jogoo Road and Gikomba. Photo/FILE

The Lands ministry has accused the National Council of Churches of Kenya (NCCK) of breaching the trust bestowed upon it in regard to a controversial plot in Buru Buru Estate in Nairobi.

Principal land administration officer Gordon Ochieng said the parcel on which jua kali operators were evicted from two months ago was given to the NCCK for building sheds for small- scale industries.

“Records show the piece of land was given to NCCK for free by the government to build sheds for small-scale industries on condition that it shall not sell, transfer, sublet, charge or part with a piece of the land without prior written consent of the commissioner of lands,” Mr Ochieng said.

The property is the subject of a suit pitting the NCCK, Tranquillity Development Limited and the jua kali artisans. Nairobi senator Gideon Sonko Mbuvi sued the NCCK for irregular sale of the plot to Tranquillity Development Limited. The case is before Justice Pauline Nyamweya.

Mr Ochieng’ said the site was earmarked for light industries vide Part Development Plan number 42/1B/75/2A dated July 15, 1975 to accommodate jua kali artisans who had encroached on parcels along Jogoo Road and Gikomba areas.

The plot was handed over to NCCK as a trustee.

He said the trustee was expected to organise the jua kali artisans into a viable co-operative and fund the development of the small-scale industries for the benefit of the traders.
The government, according to the court documents, allocated the property to NCCK on March 2, 1978.

“When the first defendant accepted the offer of allotment they indicated they were proceeding with development work to assist the less fortunate members of society who wished to engage in certain artisan trades and assist them secure reasonable living with the help of the council,” Mr Ochieng stated.

He said the commissioner of lands granted consent to transfer the property to Tranquility Development Limited.

However, he said, this did not exempt NCCK from meeting the conditions, filing building plans for approval and obtaining a change of user for the intended development.

The official said Tranquility Development and its director Zoher Pirbhai did not present building plans for approval or a change of user from light industries.

Mr Pirbhai said he was willing to withdraw his claim to the land if the court made a finding that the site was government land.

The case will be mentioned on November 12.

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