By RICHARD MUNGUTI rmunguti@ke.nationmedia.com
Posted Wednesday, August 24 2011 at 22:30
Posted Wednesday, August 24 2011 at 22:30
Investors in Athi River have gone to court challenging a decision by the government to stop land transactions in the municipality.
Kibwezi Mining, Athi Mlolongo Development Company and Tupendane Vision Self-Help Group are seeking orders overturning a decision by Office of the President permanent secretary Francis Kimemia to form a taskforce to investigate questionable land allocations in Athi River, Machakos District.
The three investors say in the case filed by lawyers Francis Etole and Jimmy Simiyu that the decision is arbitrary and illegal.
Mr Simiyu told Lady Justice Wanjiru Karanja that the taskforce set up by Mr Kimemia sought to usurp the functions of the National Land Commission.
According to the gazette notice, the taskforce will investigate the allocation of public land to private individuals or corporations.
The land under investigation belongs to Jumbo (Airport) Land, East Africa Portland Cement, National Housing Corporation, Agriculture Syndicate, National Social Security Fund and Ms Margaret Wamaitha Humprays.
Known to own land
In the suit papers, the applicants allege that the district commissioner and other senior government officers are known to own land earmarked for public utilities in the area.
“They have illegally and fraudulently been issued with title deeds through collusion with officials in the Lands ministry and Mavoko Municipal Council,” say the court papers.
They also contend that the 45 days given to the land taskforce to conclude its investigation is too short to get to the bottom of the problem.
The lawyers also said some members of the taskforce have huge chunks of land in the area and will act in their own interests to the detriment of innocent land buyers.
The taskforce comprises permanent secretaries for Lands, Internal Security and Provincial Administration, Labour and Industry.
Other members include Mavoko Municipal Council town clerk and the Regional Commissioner for Lower Eastern.
“The sweeping powers given to the taskforce may prejudice the applicants’ constitutional and property rights,” the lawyers told the judge.
Justice Karanja certified the case urgent and directed the lawyers to serve the suit papers on the Provincial Administration minister and Attorney General.
She also directed Mr Etole and Mr Simiyu to file any other documents by August 29, 2011.
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Can you please sent us a scetch map showing the grabbed land in mlolongo area mavoko municipality.
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