Three universities win a seven-year-old case over a 100-meter property

The Environment and Lands Court  has dismissed a seven-year-old case filed against three universities over a stretch of 100 meters of land.

Justice Christopher Nzili, in his judgment, said that the case filed against Masinde Muliro University of Science and Technology, Turkana University College and Mount Kenya University could not hold water.

The case was filed by Husein Mohamed, Rodgers Samanya, Hassan Abdulahi, James Njenga and The Publican (Africa) Limited, claiming that they were the original allotees of the property.

However, Justice Nzili said that, to the contrary, there was evidence to show that the contested property formed part of 100 acres sold by Mount Kenya University to the two government-owned higher learning institutions.

At the same time, he further noted that the six could not show that they had written to the lands office, seeking to have the titles held by the three universities reduced by 100 meters.

“ The plaintiffs have deliberately kept silent in both their pleadings and testimonies on what measures they undertook to perfect their letters of allotment between the date of issuance in 2012 and 2013, to the time when the interested party ( Mount Kenya) obtained its title to the land, and eventually sold and transferred the land to the first and second defendants ( Masinde Muliro and Turkana as public land,” said justice Nzili.

The Judge further said that the group led by Husein could not prove any fraud in the acquisition of the title or any irregularities. He therefore declined to cancel it.

 According to him, they needed to produce verified documents from the director of surveys and the physical planning department, which would have backed their claim to the land. At the same time, he added that they did not produce any investigations into their allegations. “ In this suit, the plaintiffs pleaded fraud, illegalities, irregularities, and procedural irregularities were used by the interested party, the first, second, third, fifth defendants, to obtain the title document, which was not substantiated with tangible and cogent evidence. Specific fraudulent conduct by the first, second, third, and fifth defendants, together with the interested party, was not supported by any credible report from the investigative agencies mandated to do so in Kenya,” he added.

The six had sued the three universities alongside Turkana County Government, the Commissioner of Land, the County Surveyor, the Attorney General, the Community Land Registrar, and the Land Adjudication and Settlement Officer, Turkana County.

They claimed that the stretch which touches on the Lodwar- Kitale Highway was surrendered by Mount Kenya University to the defunct Lodwar Municipal Council, which then allegedly re-allocated it to them.

According to them, the land was handed over for the construction of hostels for the Turkana University.

Masinde, Mount Kenya and Turkana universities opposed the case. They argued that the property claimed by the six were instead trespassers as it would be impossible for the county to re-allocate it to outsiders to build hostels on behalf of government institutions.

 The county also distanced itself from the claims, adding that the documents filed as evidence by the six, was obtained from a non-existent agency.

In addition, they argued that there was no proof of surrender by the county and acceptance by them.