An Islamic organisation has been sued by a Muslim trust which seeks to recover 50-acre land in Kilifi County.
The Islamic Foundation has established Sh200 million Islamic University in Kilifi on the suit property.
The WAKF Foundation trustees claim the Islamic Foundation illegally established the university on their land.
The trustees have moved to court seeking to evict the institution and stop further construction on the piece of land located at Amkeni Kikambala in Kilifi pending hearing and determination of suit.
The WAKF Foundation accuses the Islamic Foundation of illegally acquiring the land without the consent and approval of the trustees, heirs and beneficiaries.
The trustees told Justice Charles Yano that the 50 acres forms part of the 162 acres created for the benefit of Naima Mosque.
Aly Khan Aly Muses, who holds power of the attorney for the WAKF trust, said there was never any agreement signed or approval allowing the Islamic Foundation to build an institution on the said suit property.
Muses said that their late father Naaman Bin Aly Naima left the WAKF as a family-run trust under the trusteeship of his three elder sons – Mohamed Naman Aly Muses, Abdalla Mohamed Aly Muses and Aly Khan Aly Muses – and 32 grandsons who are heirs and beneficiaries.
The attorney told the courts that in 2009, Muhammed Akhtar Rao from the Islamic Foundation approached Mohamed Naman Aly Muses (eldest trustee) requesting for one acre of land to build a school for Islam without the consent of the other 32 beneficiaries.
Muses said that in 2015, the Islamic Foundation again requested 50 acres of land on a 50-year lease but was rejected on grounds that the WAKF terms did not allow long-term leases to any party.
“The letter of March 23, 2009, upon which the Islamic Foundation (defendant) case is based, is purely a letter of offer and was never signed by all the 32 beneficiaries of the trust neither was it witnessed or stamped,” said Muses.
The attorney said the letter of offer was never approved at the board meeting of WAKF because it was in breach of the trust itself.
However, the Islamic Foundation administrator Mohamed Islam said after the agreement with the trustees, they proceeded with construction of the Islamic University.
“We are not trespassers but owners with proprietary and beneficial interest in the same parcel,” said Islam.
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