National Land Commission boss faces arrest for contempt

By Kurian Musa

Nairobi, Kenya: A firm has filed a case at the High Court seeking to commit a number of Lands officials to civil jail.

National Land Commission (NLC) and its chairman Muhammad Swazuri could be cited for contempt of court proceedings for issuing title deeds subject to a court proceeding coming up on Thursday for determination.

Shamji Kalyan Pindoria Limited is involved in a tussle over 10.42 hectares in Athi River valued at approximately Sh200 million.

Another firm, Monglow Assets Limited, is claiming ownership of the same land and moved to the judicial review division at the High Court seeking an order to NLC to obtain a title that is in the possession of Shamji.

The NLC, oblivious to the court proceedings, revoked the title owned by Shamji Limited and issued a fresh one to Monglow Limited.

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Justice Mary Gitumbi certified the matter as urgent and said she would deliver her ruling on March 14.

Shamji wants the court to pronounce NLC and Swazuri, Director of Survey Caesar Mbaria and Registrar of Titles CW Ngatia to have overstepped court proceedings.

The firm also wants Monglow Assets Director Samuel Watuka Muindi and James Mbaluka cited for contempt of court.

“May this court be pleased to issue an order to commit them to civil jail at Industrial Area Prison for six months,” said lawyer John Ochwo representing Shamji.

Shamji further accuses Monglow of destroying its perimeter wall and guard house contrary to court orders requiring the parties to keep off the land.

Athi River OCS Jacob Wakhukhu is reported to have prevented Shamji Limited workers from repairing the wall.

Shamji says it has since spent more than Sh100 million to develop the property.

Swazuri and his colleagues, according to the application, should be penalised up to Sh7 million severally or jointly.

“In default, all their movable and immovable property be attached and sold to satisfy the penalty for contempt,” submitted Mr Ochwo.

He further said the NLC chair should be ordered to appear in court in person.