KAA faults NLC approval of firm's 'illegal' ownership of land near Mombasa airport
The entrance to Moi International Airport in Mombasa. The Kenya Airports Authority is seeking an order quashing the National Land Commission (NLC) decision regarding ownership of some parcels of land in Mombasa. FILE PHOTO | NMG
KAA claims ownership of the land and is contesting NLC's decision to uphold the titles in favour of East African Gas Company Ltd (EAGCL).
In a court application, KAA says the land is still in its use and the issue of illegal excision of the land is subject to a court case in Nairobi.
The authority further says that NLC's decision was made in bad faith and the decision was unreasonable and not proportionated to its rights.
The Kenya Airports Authority is seeking an order quashing the National Land Commission (NLC) approval of a company's ownership of parcels of land next to the airport in Mombasa.
KAA claims ownership of the land, which is says was hived off Moi International Airport, and faults NLC's decision to uphold the titles in favour of East African Gas Company Ltd (EAGCL).
The airports authority accuses NLC of purporting to exercise jurisdiction to hear and determine the land ownership dispute between itself (KAA) and EAGCL..
KAA also wants an order issued restraining NLC or its agents from interfering with its ownership, possession and occupation of the land.
In its application at the Environment and Land Court in Mombasa, KAA says the NLC's decision was communicated via a Kenya Gazette Notice No 6862 dated July 17.
According to KAA, NLC purports to uphold EAGCL illegally acquired titles on 12 parcels of land hived off Moi International Airport land.
The land, the airports authority adds, is still in its (KAA) use and the issue of illegal excision of the land is subject to a court case in Nairobi.
Former Commissioner of Lands Wilson Gachanja and former KAA managing director Peter Lagat were cleared of fraud charges in relation to the case.
Through lawyer Augustus Wafula, KAA argues that the land court is the only institution with jurisdiction to hear and determine disputes over land.
“The action by the respondent (NLC) to purport to uphold EAGCL titles when there is an active criminal proceedings of the acquisition amounts to abuse of office,” the application by KAA reads in part.
The airports authority has termed NLC's decision as unreasonable in so far as it considered issues that ought not to be considered.
The authority further argues in its application that the commission acted in excess of its jurisdiction by purporting to hear and determine the disputes between itself (KAA) and EAGCL over the land.
“The respondent 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,” says KAA.
KAA also argues that the NLC decision was taken in ulterior motive or purpose calculated to prejudice its (KAA) legal rights therefore it is null and void.
Bad faith
The authority further says that NLC's decision was made in bad faith and the decision was unreasonable and not proportionated to its rights.
According to KAA, the orders they are seeking ought to be issued for purposes of ensuring the spirit of the constitution is implemented and the rule of law observed.
Apart from EAGCL, KAA has also named the Ethics and Anti-Corruption Commission and the Director of Public Prosecutions as interested parties in the suit.
On Monday, lawyer Macharia Ng’aru for EAGCL sought an adjournment of the case, which was opposed by KAA and the EACC.
However, Justice Ann Omollo allowed the application for adjournment by Mr Macharia and directed him to file his response within the next 14 days.
The case has been fixed for hearing on July 9.
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