KPA moves to court to compel NLC to revoke allocation of road to private developers

Muhammad Swazuri (PHOTO: Standard)

MOMBASA, KENYA: Kenya Ports Authority has moved to court to compel the National Land Commission (NLC) to revoke four title deeds of seven individuals it claims encroached its property.

In the suit papers, KPA alleges that the four were irregularly allocated the said parcels which part of it inherited from the East African Railways and Harbours Administration.

The road, which KPA is objecting its allocation to the private developers, is the section that joins Mbaraki Road and Nyerere Avenue.

The road is 21. 33 meters wide and was allocated to the said private developers on a leasehold of a term of 99 years by the government in January 7, 1999.

“The certificate for the disputed plot numbers were registered in December 2, 2001 and certificates issued on March 28, 2001. The tenure is disclosed as leasehold from government of Kenya for a term of 99 years from January 7, 1999,” argues KPA.

It adds; “This backdating (dates) is deceptive.”   

According to the court documents, although the road is open to members of the public a freehold title to the area is registered in the name of the East African Harbours Railways Administration.

“The defendants (NLC) as the successor of the Commission for Land ought to cancel and or revoke the allocation of the suit property and revert the same to public use,” said KPA.

In the suit filed at the Mombasa Environment and Land Court on December 4, 2018 Kenya Ports Authority (KPA) Pension Scheme, whose members are affected, is cited as a second plaintiff.

KPA claims that the defendants invaded the road reserve and were currently illegally putting up structures impeding the access of KPA staff houses.

“The defendants have ignored protestation from lawful occupants urging them to stop the constructions as it interferes with KPA workers property,” states the suit papers.   

The defendants in the suit are Akaba Investment, Kemo Contractors Ltd, Hassan Abubakar, Samuel Kipchumba T/A Pes Investment and Hillary Osodo T/A Hiira Enterprises.

Others are Abubakar Kisilo and Shaban, Ismail T/A Shaban Blue Enterprises. The NLC, the Land Registrar and the Attorney General are also cited as the defendants.