11 October 2018

Kenya: CJ Maraga Names Judges to Hear Ruaraka Land Case

The Chief Justice David Maraga has named three judges to hear a case filed by the National Land Commission over the validity of the title dead of the contentious Ruaraka land.

The three judges will also determine whether the payments made to businessman Francis Mburu were made procedurally, when the Ministry of Education compulsorily acquired the land.

Justice Benard Eboso had last month forwarded the file to Justice Maraga for him to appoint a bench of three judges to hear the case. The judge had ruled that the case meets the criteria for an uneven number of judges to hear the dispute.

NLC moved to court seeking to determine the validity of the title to the controversial land and payments made by the Education ministry.

NLC through lawyer Tom Ojienda argued that a search and from 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, through H & K Law maintain that they purchased the property in December 1981 from a company known as 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 wrote a letter to the Treasury asking it to process the compensation for the acquisition of land for the 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 Principal Secretary of the Ministry of Education wrote a letter to the Treasury asking it to process the compensation for the acquisition of land for the two public schools.

EACC on its part 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.

The case will be mentioned Friday morning.

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