Society, college land dispute rages

By James Munyeki

A land row between Laikipia University College and a child welfare society took another twist after it emerged that the two parties had allocation letters.

Reports made in court revealed that the college and Child Welfare Society of Kenya had ownership documents from the Government.

The land was first allocated to the society by the Government through the Ministry of Lands in 1999 while it was later allocated to the university in 2012.

The Industrial court sitting in Nakuru heard that the Government allocated the land to the society for the construction of a secondary school for the less fortunate in the society.

The lawyer representing the society, Lawrence Mbaabu, told judge Lucy Waithaka that they were shocked to receive a court injunction in 2012 barring them from putting up buildings on the land.

In the injunction, Laikipia University College, who were the applicants, had claimed that the land belonged to them having been allocated by Nyahururu Municipal Council and cleared by the Lands ministry.

No objection

But Mbaabu argued that they had all the legal documents from the Government indicating that the six hectares piece of land in question belonged to them.

“The property was duly allocated to my client by the Commissioner of Lands. There was no objection from anybody including Nyahururu Municipal Council,” he told the court.

He sought the court to dismiss the suit, arguing that according to the law, the first owner has a higher right than any subsequent owner.

Mbaabu urged the court to consider the plight of the vulnerable children who were set to suffer if the land was taken away from them.

But lawyer Ndegwa Wahome representing the university college urged the court to call upon the Lands ministry to verify who the real owners of the land were.

He questioned why the child welfare society only started putting up structures in 2012 after the injunction was obtained.

The ruling is set for March 15.