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Kenya: Kenya Railways Seeks Help Over Sale of Land
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The Nation (Nairobi)
15 May 2008
Posted to the web 15 May 2008
Eunice Machuhi
Nairobi
The Kenya Anti-Corruption Commission is yet to file its documents in court in respect of a suit involving public property.
The case has been filed by Fermento Investments Limited against Kenya Railways. The latter has obtained an injunction against any eviction of its employees, transfer, lease or sale of a piece of land.
Kenya Railways, through lawyer Wamuti Ndegwa, has sought to involve KACC so that they can assist in investigations and issue a report on the legitimacy of the land ownership and circumstances leading to its acquisition and registration to another party. KR says the land in Kizingo, Mombasa, has been in its name since 1959.
On Wednesday, Mr Justice Joseph Sergon, sitting in Mombasa, extended orders stopping Fermento Investments from dealing with the land until June 12, when the case is expected to proceed for hearing.
The company allegedly bought the land and has been attempting to evict four families of senior KR employees.
The parastatal says the eviction would rob it of property worth millions of shillings, and that senior staff would be homeless.
The houses, were completed in 1955 by East Africa Railways and Harbours Corporation. KR acquired ownership after the demise of the regional corporation. The court was told on Wednesday that the purchaser of the land had filed an application seeking to strike out the defence filed by KR.
Mr Alfred Mabeya, who is representing Fermento Investments, says that his client was properly issued with the letters of allotment and a title deed.
Corruption
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However, KR said that the purported title was acquired through corrupt means. They cited a former senior lands officer for corruption, claiming that she used her position as district land registrar to improperly benefit the buyer.
KR applied to have KACC enjoined in the suit since it has the statutory authority to investigate and institute recovery proceedings of public property.
The purchaser acquired the title in 2002 and has allegedly signed agreements of the sale of the land to unknown third parties.
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