Knut ordered to surrender property

Knut building in kakamega which was at center of dispute, Kisumu Court of appeal ruled that the building be managed by a company linked to Kakamega teachers’ house contributors group. Picture:Chrispen Sechere.

Kenya National Union of Teachers (Knut) has been ordered to hand over a building in Kakamega to retired teachers within six months.

Court of Appeal judges DK Maranga, Gatembu Kairu and AK Murgor ordered appellants Mudzo Nzili and Robert Opwora to return the commercial building to members of Kakamega Teachers' House Contributors Group.

Mr Nzili (Knut Chairman) and Mr Opwora (Knut executive committee member) went to court in a dispute over ownership, registration and management of the building in the heart of Kakamega.

They had contested an earlier ruling by the High Court on seven grounds among them that the teachers' group was non-existent.

"Orders issued by the High Court were inconclusive, contradictory and incapable of execution...the entity (teacher's group) to which the disputed property was to be transferred to did not exist," they argued.

The Appeal Court upheld the ruling of the High Court, saying that the group existed and that there was a relationship between the appellants and respondents.

The judges also said that the teachers contributed towards the purchase and building of the premises through contributions in the 1960s to 70s.

Opwora was further ordered to furnish the respondents with a list of those who constructed the premises which is in his custody.

"The appellants shall transfer the suit premises, free of all encumbrances, to the company within six months," the judges ruled.