Kanu serves its supporting affidavits in property case against trader

Baringo Senator Gideon Moi (left)chatting with Kanu Secreary Gerneral Nick Salat during Rongai member of parliament Raymond Moi thanks giving at his home in Kabarak In Rongai Nakuru County on February 4 2018 :[Photo Harun Wathari/Standard]

The Kenya African National Union (Kanu) has served its affidavits to parties in a prime property case in Isiolo town in readiness for the hearing set for October 30.

On September 4, Isiolo Chief Magistrate Samuel Mungai postponed the case to Tuesday but the new hearing date was agreed by the plaintiffs’ lawyers and their defendant colleagues for beginning of the hearing on
October 30.

The plaintiffs are listed as branch party officials Sadia Halake, Jasso Huka, Abdullahi Alkano and Kanu headquarters and are represented by Anyegah Ondieki and Wanjiku Thiongo from Sagana and Birik Company Advocates of Nairobi.
The defendant is Isiolo businessman Ali Abdullahi Mohad who is represented by lawyer Tracy Maamo.
According to the affidavits by Kanu, seen by The Standard, the tussle between the party branch and the trader started in 2016 when the old
Kanu building was allegedly fenced off by the developer. The matter went to court thereafter and Kanu got a reprieve for status quo to remain until the case was heard and determined. Kanu went to court again after the developer pulled down its offices and started construction alleging some officials from the party branch
and headquarters had transferred the property to him in an out of court settlement.

In the new case, the party has lined up Mr Alkano and Hassan Balla, both former councilors of the defunct County Council of Isiolo as witnesses in the case. It has also enjoined the County Government of Isiolo, Al-Falah Islamic
Foundation (in Isiolo) and the National Land Commission as interested parties in the suit.

Kanu headquarters, through its National Chairman Gideon Moi in an affidavit received at the court on October 2 has also stated that the alleged out of court agreement for the transfer of the plot No Isiolo
Township Block 4/263 by section of the party officials to Mr Mohad should be declared as ‘invalid and void and of no legal effect’.

It said the agreement that allegedly took place on May 16, 2017 contravened the party’s constitution arguing the officials did not have the legal mandate.