Lucy Kibaki Hospital at centre of legal dispute

The land on which Mama Lucy Kibaki Hospital is built is at the centre of a 43-year-old legal dispute between two companies.

Besides the hospital, Umoja II Estate, Kenya Co-operative Creameries, Steel Structures, provincial administration offices, schools and other social amenities are also built on the 818 acres valued at Sh5 billion.

The land is claimed by Dandora Housing Schemes Ltd (DHS) and Kiambu Dandora Farmers Company Ltd (KDFC).

When the case came up before the Environment and Lands Division of the High Court yesterday, DHS opposed a bid by KDFC to be enjoined in an application in which it is asking the court to compel the Chief Lands Registrar to issue it with a provisional title deed, saying it had lost the original.

Lawyer Lawrence Kamau for DHS told Justice John Mutungi that "the plea by KDFC to be enjoined in the case had been struck out for non-attendance".

But lawyer Boniface Njiru for KDFC told the judge he has the original title and was willing to produce it before court for perusal. "My clients have the original title deed to this parcel of land. I am ready and willing to produce it before this court to prove that this land belongs to KDFC," Njiru told the judge.

Mr Kamau, however, interjected: "This case has been pending before court for almost 50 years and the main issue has been the title to the property."

State counsel Thande Kuria said the National Lands Commission (NLC) wanted to be enjoined in the case. "This case is of great public interest since Umoja II is built on the same parcel of land," Mr Kuria stated.

He added: "NLC wants to explain its stand on the land since DHS asserts Umoja II is built on its land."

Kamau protested entry of new parties into the case but the judge overruled him, saying every party should be given a hearing. "I direct that NLC do file an affidavit stating its interest in the land within 14 days. KDFC through Njiru is also directed to file written submissions as to why it requires to be enjoined in the long-drawn legal tussle," Justice Mutungi directed.

Kamau said his clients, DHS, had been deprived of their land and KDFC has been selling it.

"There is an advert by KDFC announcing sale of some plots on my clients' land. There is an advert in the Daily Nation of May 6, 2015," Kamau submitted.

The land has been the subject of a myriad of court cases dating back to 1972 when DHS challenged a Government decision to compulsorily acquire its land.

In 1985, the High Court quashed the Government's decision to acquire the land for public utility and reverted it to DHS.

DHS, comprising 245 members, bought the land from an Asian family between 1965 and 1967 at a cost of Sh200,0000.