Arguing the case before a Bench of three judges, lawyer Tom Ojienda for the land commission, said the case would be rendered useless in case any of the parties institutes a matter touching on the land.
He said should the court find that the process of acquiring the land and the subsequent payment were procedural, the actions, which he termed as prejudicial, would have been taken unless the court stops them.
The National Land Commission (NLC) wants criminal or civil proceedings touching on the contentious Ruaraka land stopped, pending the determination of a case it has filed.
Arguing the case before a Bench of three judges, lawyer Tom Ojienda for the land commission, said the case would be rendered useless in case any of the parties institutes a matter touching on the land.
He said should the court find that the process of acquiring the land and the subsequent payment were procedural, the actions, which he termed as prejudicial, would have been taken unless the court stops them.
Prof Ojienda said taxpayers’ money was used in compensating the alleged owner of the land and the case set to be heard touches on the decisions made by NLC commissioners. He said the court has jurisdiction to grant the orders, pending the determination of the case.
The same arguments were supported by E.K. Kibet, who acted for Afrison Export Import Ltd and Huelands Ltd, who claims to own the controversial land. Mr Kibet said that the court should grant the order because, in his view, the NLC has raised valid points.
In the main case, the NLC wants Justices Elijah Obaga, Benard Eboso and Kossy Bor to determine whether the payments made to businessman Francis Mburu were made according to the law.
Prof Ojienda said a search of records held by the Ministry of Lands and Physical Planning shows the property is held on freehold tenure and was registered in favour of Afrison Export Import Ltd and Huelands Ltd.
The two companies maintained that they bought the property in December 1981 from Joreth Limited. The Commission said having completed all the legal processes of compulsory acquisition, on July 18, 2017, the Principal Secretary of the Ministry of Education asked the Treasury through a letter to process the compensation for the acquisition of land for two schools. The Commission said it ordered the payment to the businessman, having completed all the legal processes of compulsory acquisition, on July 18, 2017.
This was after the Education PS wrote to the Treasury, asking it to process the compensation for the acquisition of land for the two public schools. Meanwhile, the Ethics and Anti-Corruption Commission (EACC) is pursuing the payments, saying that it would be in the interest of justice that the balance of the compensation be preserved by stopping any further payment through a court order.
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