NAIROBI, KENYA: Fresh dispute has erupted between Nairobi House Limited and late Minister Mbiyu Koinange's daughter over a prime seven acre land valued at Sh2 billion.
The company through lawyer Philip Nyachoti filed an urgent suit to stop Lenah Koinange from developing the disputed land on grounds that they have a valid title with a 999 years lease from 1910.
But in a rejoinder Ms Koinange stated that the company is a ghost entity not registered in Kenya and that they want to forcefully grab the land she inherited from her father.
Mr Nyachoti argued that the company had owned the land until 2016 when Ms Koinange invaded it using armed thugs and started illegal construction of a perimeter fence around it.
"The company made several complaints and pleas to government authorities to help it protect the land but has not received any assistance. Even the County Government of Nairobi declared that construction on the land was illegal but no action was taken," said Nyachoti.
He added that the National Lands Commission on June 24 confirmed that the company's title was genuine and that she owns the disputed land.
However, lawyer Ochieng Oduol representing Ms Koinange argued that the company's claims are pegged on an illegally acquired title which is not for the same land they are laying claim on.
"The company says their title is for a 7.7 acre land while Ms Koinange's title is for 4.8 acres. She has approval from the NLC, the ministry of lands, the Nairobi County Government and the Director of Survey to develop the land which would have not happened if her title is not genuine," said Oduol.
According to Ms Koinange, the land in Lavington was allocated to her late father in 1975 as compensation for his land he donated to the government in Kimabu for constructing the district headquarters.
She said she inherited the land in 1990 and got the allotment letter, paid the required fees and was given a title in 1991.
Whereas Nairobi House Limited claimed that Ms Koinange was charged with a criminal offence for trespassing on the land, she said that the charges had been dropped when the Director of Public Prosecution withdrew the case.
Mr Nyachoti argued that unless Ms Koinange is restrained from continuing to develop the land, the company will suffer massive losses after they used the title to secure a Sh850 million from Diamond Trust Bank.
"The company is apprehensive that unless the court intervenes, she may go ahead to sub-divide it and transfer to unsuspecting third parties," said Nyachoti.
He claimed that there had been another court case in 2005 relating to the land, and that the High Court reaffirmed the company as the genuine owners of the land.
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Mr Nyachoti had written to the President, the Director of Criminal Investigations and the National Land Commission in December last year complaining about the trespass but said the offices failed to take any action.
Lady Justice Mary Gitumbi said she would not issue any orders before the hearing and directed the parties file their submission before the hearing on October 24.
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