Kidero seeks Senate help in Sh61bn land row with DoD

Nairobi Governor Evans Kidero will not eject the Department of Defence (DoD) from a Sh61.5 billion parcel of land in Embakasi that has sparked a vicious court battle between the parties.

The county government is accusing the DoD of forcibly taking possession of the 3,000 acres of land in 1997 without paying the agreed fee.

Mr Kidero yesterday asked the Senate’s Legal Affairs and Human Rights Committee to intervene in the matter since attempts to settle it through inter-ministerial talks had yielded no results.

City Hall is demanding Sh61.5 billion from the DoD — a figure nearly equivalent to the military’s annual budget.

“Ejecting the DoD from the parcel might not be an option since there is a garrison there that has existed for over 20 years,” Mr Kidero told the committee chaired by Nandi MP Stephen Sang.

He said while it is the county government that is in possession of the title deed, the DoD had built a perimeter wall, denying it access.

Mr Kidero asked Senate to facilitate structured negotiations between the parties so that the county government is paid the Sh61.5 billion, which is the commercial value of the land.

The DoD in 1997 applied to be allocated 998 acres of 3,078 acres that the defunct City County of Nairobi had bought from Kayole Estates Limited.

The application was considered on condition that the DoD pay the council a premium of Sh40 million within 30 days as provided under the allotment.

In his petition to the Senate, the county boss said the department took possession of the entire property without paying the standing premium to the council, compelling it to file a case in court.

The suit involved City Hall against DoD, the Attorney- General and Defence minister.

Mr Kidero said the department was yet to file its defence and the AG has been postponing appearances, making the parties involved incur huge legal costs.

Negotiations have been conducted through the ministries of Defence, Local Government and Finance.

The governor is within seven days expected to furnish the committee with pleadings in court to pave the way for intervention. He asked Senate to make a law on resolving disputes between the national and county governments.