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Court revokes Ongeri beach plot

By | May 12th 2011

By Paul Gitau

The Malindi High Court has revoked a beach plot in Kilifi, which was granted to Education Minister Sam Ongeri.

Malindi High Court Judge Justice Hellen Omondi said the beach plot measuring 0.8247 hectares, which was granted to the minister at Kilifi creek in 1990 was a public utility.

Justice Omondi in her 76-page ruling declared the minister was allocated the land illegally and ordered the Registrar of Title to immediately revoke and cancel the said title deed issued to Prof Ongeri. The minister had sued a private company Greenbays Holding, Mr Edward Mzee Karezi and the Registrar of Title after learning that the land had been allocated to the private company in 1996.

Ongeri wanted the court to declare him the lawful owner of the 99-year leasehold interest in plot LR No 5054/1185 in Kilifi and Registrar of Title to show he is the registered proprietor of the leasehold.

Ongeri also sought permanent injunction to restrain Greenbays Holding, its agents, servants or any other person from using the suit property. The minister had earlier told the court that he spotted the plot and applied to President Moi who gave him the grant and was later issued with a letter of allotment.

Ongeri said he engaged a surveyor and paid the processing fee before being issued with a title deed that he used to secure a bank loan. In her ruling Justice Omondi said she was convinced beyond any reasonable doubt that the land in question was a public beach and said the Commissioner of Lands and Registrar of Title led Ongeri to believe the land was vacant and available for allocation.

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