Uchumi accuses group of lying in Nairobi prime land dispute
What you need to know:
- The retail chain says in fresh court filings that Njathaini Electricity Project lied to Justice George Odunga that they have been squatters on land in Roysambu for more than 30 years, a move that saw the judge issue an order restraining Uchumi from the property.
Uchumi Supermarkets has accused self-help group Njathaini Electricity Project of tricking the High Court into barring the retail chain from a disputed 20-acre piece of prime land by posing as squatters.
The retail chain says in fresh court filings that Njathaini Electricity Project lied to Justice George Odunga that they have been squatters on land in Roysambu for more than 30 years, a move that saw the judge issue an order restraining Uchumi from the property.
Mr Justice Odunga in December ordered the OCS of Kasarani police station to ensure that Uchumi observed his order.
But Uchumi through its land holding subsidiary Kasarani Mall Limited now says another two orders order had been issued in 2011 by the High Court barring Njathaini Electricity Project’s members from the land.
The retailer adds that police have now threatened to leave the land unattended, as they are conflicted as to which court order should be enforced.
Njathaini Electricity Project is yet to respond to the application that was filed in court on Monday.
The self-help group is, however, seeking to have the OCS Kasarani police station jailed for contempt of court, arguing that officers have continued to demolish squatters’ structures on the land despite being furnished with Mr Justice Odunga’s court order.
“The two orders in High Court case ELC civil suit number 495 of 2011 and the orders in these proceedings are both alive and cannot be concurrently enforced unless so directed by this court that the status quo be maintained.”
“At the date of filing the application (against Kasarani Mall Limited) there were no squatters on the suit property contrary to the allegations by Njathaini Electricity Project. There are still no informal settlements or squatters.
“Kasarani has both legal and physical possession with active and actual control of the suit property,” says Kasarani Mall’s legal officer Caroline Mungania.
Njathaini Electricity Project claims in its suit that its members have occupied the disputed land since the 1970s undisturbed hence they should be declared its legal owners.
Under Kenyan laws, an individual who enjoys possession of a piece of land for more than 12 years without any protest from any other person becomes the legal owner.
The self-help group now says that despite Kasarani Mall Limited being the legally registered owners of the 20-acre piece of land, its members have never been questioned on their presence on the property for over 30 years hence the squatters are legal owners.
Uchumi through Kasarani Mall Limited has now urged Mr Justice Odunga to dismiss the suit Njathaini Electricity Project filed in December last year.
“The contemnors (OCPD, OCS and Directorate of Criminal Investigation, Kasarani) have ignored, disrespected and declined to obey the said orders made on December 23, 2016 and have in fact proceeded to demolish some of Njathaini Electricity Project’s houses in contravention of the court order,” the self-help group’s secretary Francis Kiarie says in court papers.
The battle between Uchumi and the squatters is among issues raised by auditors KPMG in a probe on Uchumi’s books.
Ex-Uchumi auditors Ernst & Young escalated the asset’s worth from Sh450 million in 2010 to Sh2.2 billion in 2014 without consideration of crucial factors such as the ownership row, something the retail chain’s new external auditors KPMG raised in an inquiry last year.
