No more development on Karen land, High Court in Nairobi rules

Rowdy youths outside the Milimani Law Courts over a disputed land in Karen

The High Court in Nairobi has ordered Lang'ata OCPD Elijah Mwangi to evict individuals who have stormed land in Karen that has been at the centre of a controversy between businessman Dimitri Da Gama Rose and three companies.

In her ruling yesterday, Lady Justice Lucy Gacheru ordered the OCPD to ensure that the status quo that existed before September 3 was maintained, meaning there should be no any transactions or development on the Sh8 billion land.

"The court had issued orders that ought to have been followed. The pictures produced by the petitioner before this court depict that indeed the directives by this court are not being followed. There is a total disregard of the said orders and, therefore, I will grant the prayers sought by the petitioner," Justice Gacheru said.

The judge said the three companies, Telesocurce.Com Limited, Jina Enterprises and Habenga Holdings, had breached the orders issued by the court.

"All parties are bound by the orders of this court and are supposed to comply with the directions issued by the judges," she said.

The orders were made as the controversy over ownership of the 134.4 acres continued yesterday after the Ministry of Lands told the court the land did not belong to businessman Mr Rose.

The ministry claimed the land, going by the records in its registry, belonged to former National Social Security Fund (NSSF) trustee Jos Konzolo's Telesocurce.Com limited.

In a sworn affidavit at the High Court in Nairobi, Deputy Chief Lands Registrar Geoffrey Swanya Birundu Swanya said Telesocurce.Com Limited obtained the land after purchasing it from one John Mugo on October 21, 2005.

"According to our records, Telesocurce.Com is the registered proprietor of land reference LR 3586/3 IR 3187 having emanated from the original title registered in the name of John Mugo Kamau," reads the affidavit.

The ministry's position has deepened the mystery of the real owner of the prime land, as it contradicts a statement by the National Land Commission Chairman Muhammad Swazuri stating the land belonged to Rose.

divided opinion

"The documents in my possession indicate that the plot belongs to Muchanga Limited," Dr Swazuri said, adding the commission would meet this week to discuss the matter.

Government sources have also indicated that President Uhuru Kenyatta has directed Lands Cabinet Secretary Charity Ngilu to furnish him with a full report on the matter, following media reports that top Jubilee officials, senior security officers and MPs are among the beneficiaries of the disputed plot.

"The President has asked CS Ngilu to forward to him a brief with documents as he is concerned that his Government is being portrayed as one full of impunity," an aide of the President told The Standard.

Rose's lawyer Cecil Miller told the court his client was, until October 4, managing the land when unknown people invaded the place and started developing it.

Mr Konzolo's lawyer, Steve Gekara, the judge the land in contest had already been transferred to 187 individuals who are currently developing it.

Mr Gekara said the orders granted by the court on September 3 were not directed to the current owners who are developing the land.

"It is not only shocking but out of the ordinary that there is a total disregard of the law and the authority of this court," Mr Miller said.

Gekara said the petitioner ought to have conducted a search in the Ministry of Lands to verify the real owners before filing the case in the court.

"My client has not disobeyed the orders issued by this court. As at July 17, 2014, the land with reference number 3586 and Land Registration number ( LR) 94/24 had already been subdivided and certificates of titles issued to 187 individuals," Gekera said.

Justice Gacheru heard that as of yesterday, Telesocurce.Com Limited had not filed its replying affidavit in time and that Attorney General Githu Muigai in his response had introduced John Kamau, who was said to have acquired the property on July 24, 1978.

Mr Miller sought to have Mr Kamau ordered to appear in court and also asked the court to have Telesocurce.Com Limited disclose the names of the 187 individuals.

SHED LIGHT

He said: "We need to have John Kamau enjoined in this suit," adding that the man would shed light into the trading that had drawn the three companies as respondents. The three are alleged to have been behind the transfer.

However, Jina Enterprise, through its lawyer Paul Onduso, distanced itself from the transaction, saying it was never involved in the property. Mr Onduso told the court his client had never owned the contested piece of land. Documents filed in court also showed Jina Enterprises got the land from Habenga Holdings.

The court also allowed Kamau to be enjoined in the petition. The case will be mentioned on October 28 to confirm whether the OCPD complied with the order.

Last week, Rose accused Ms Ngilu's personal assistant and the Nairobi County Administration Police boss of aiding in the grabbing of his land.