Mama Lucy Hospital built on land at centre of 43-year-old ownership dispute

The land on which Mama Lucy Kibaki Hospital is built is at the centre of a 43-year-old legal dispute between two companies, each claiming ownership.

Besides the hospital, the 818 acre parcel of land in dispute and which is valued at Sh5 billion also hosts Umoja II Estate, Kenya Cooperative Creameries (KCC), Steel Structures, administration offices, schools and other social amenities.

Dandora Housing Schemes Limited (DHS) and Kiambu Dandora Farmers Company Limited (KDFC) are claiming ownership of the land.

When the case came up before the Environment and Lands Division of the High Court, DHS opposed a bid by KDFC to be enjoined in the case.

In an application, DHS is asking the court to compel the chief registrar of lands to issue it with a provisional title deed saying the original one got lost.

Lawyer Lawrence Kamau for DHS told Justice John Mutungi that the plea by KDFC to be enjoined in the case had been struck out for non-attendance.

But lawyer Boniface Njiru for KDFC told the judge that he has the original title to the land in dispute and that he was willing to produce it before court for perusal.

“My clients have the original title deed to this parcel of land. I am ready and willing to produce it before this court to prove that this land belongs to KDFC,” Mr Njiru told the judge.

However Mr Kamau interjected saying, “This case has been pending before court for almost 50 years and the main issue has been the title to the property.”

CASE PENDING FOR ALMOST 50 YEARS

State counsel Thande Kuria told the judge that the National Land Commission (NLC) has interests in the case and would like to be enjoined.

“This case is of great public interest since Umoja II is built on the same parcel of land,” Mr Kuria stated.

He added, “NLC wants to explain its stand on the land since DHS asserts Umoja II is built on its land.”

But Mr Kamau protested the entry of new parties into the case.

The judge, however, overruled him saying that every party had to be given a hearing.

“I direct that NLC do file an affidavit stating its interest in the land within 14 days.

“KDFC through Njiru is also directed to file written submissions as to why it requires to be enjoined in the long drawn legal tussle,” Justice Mutungi directed.

Mr Kamau said his clients, DHS, have been deprived of their land and KDFC has been selling it.

SALE ADVERT

“There is an advert in the Daily Nation of May 6, 2015 by KDFC announcing sale of some plots on my client’s land,” Mr Kamau submitted.

This parcel of land has been the subject of a myriad of court cases dating back to 1972 when DHS challenged a government decision to compulsorily acquire the land.

In 1985 the High Court quashed the government’s decision to acquire the parcel of land for public utility and reverted it to DHS.

DHS, comprising of 245 members, had bought the land from an Asian family between 1965 and 1967 at a cost of Sh200,0000.

Each member of DHS was contributing Sh350 for the purchase of an acre of the land.

They bought it through five agents, namely, Kibiro Karanja, Reuben Kangara, Keingati Waiharo, Njuguna Kimani and Peter C Kangara.

All the five have since died.

All the agents were paid a commission of Sh24,540 by the 245 members.

In 1985 Justice Sachdeva ruled in favour of DHS and quashed the decision of the government to acquire the land and returned all the 818 acres of land to the company.

In December 1993 Justice (rtd) Frank Shields ordered the deputy registrar of the High Court M J Bhatt to sign the land transfer on behalf of the five agents following the decree of March 14, 1985 in regard to the land.

Justice Mutungi ordered the parties to appear before him again on July 1, 2015 for the hearing of pleas by KDFC and NLC.