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Mukuru slum dwellers fight over land transfer

An aerial view of Mukuru kwa Njenga slums in Nairobi. PHOTO | FILE

By  THOMAS KARIUKI

What you need to know:

  • The slum dwellers said they bought the 7.658-hectare property in Embakasi, Nairobi, from Milwhite Limited.
  • They raised Sh27.2 million and the NGO secured a mortgage of Sh55 million with Ecobank to cover the balance of the purchase price.
  • Mr Magee said the NGO had refused to transfer the suit land.

Over 2,000 slum dwellers want a case they filed against an NGO for alleged refusal to transfer the title for land they claim to have bought to be determined speedily.

The Mukuru Kwa Njenga slum dwellers said they bought the 7.658-hectare property in Embakasi, Nairobi, from Milwhite Limited with the aim of establishing a housing project.

The 2,221 members of the Mukuru Makao Bora Trust Monday asked the court to dismiss the defence by the Muungano wa Wanakijiji Akiba Mashinani Trust, saying they were the sole recognised owners of the land, whose estimated current value is Sh900 million.

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Lawyer Magee wa Magee, for the slum dwellers, said the NGO advised members of Mukuru Makao Bora that they could not enter into a transaction directly with the vendor or be able to secure a mortgage loan.

“It was, therefore, resolved that the NGO would enter into a contract of sale with the vendor on behalf of the slum dwellers and proceed to take a mortgage from Ecobank on their behalf,” he said.

Mr Magee said members of the slum group agreed to pay Sh81 million for the land.

“They raised Sh27.2 million and the NGO secured a mortgage of Sh55 million with Ecobank to cover the balance of the purchase price,” said Mr Magee.

SERVICED MORTGAGE

He added that members of Mukuru Makao Bora serviced the mortgage by depositing money in the NGO’s mortgage account with Ecobank and settled the amount.

Mr Magee said the NGO had refused to transfer the suit land.

It also declined to furnish the slum dwellers with an account statement showing how much had been repaid, he added.

In a defence filed in reply to the suit, lawyer Waikwa Wanyoike denies all the allegations.

“The organisation did not enter into a contract of sale with the vendor on behalf of the group nor did it proceed to take a loan from Ecobank on behalf of the members of Mukuru Makao Bora Trust,” he said.

“We admit that we obtained a mortgage with Ecobank for the purchase of the suit property on behalf of all beneficiaries of the suit land,” Mr Wanyoike added.

He said the beneficiaries agreed to pay the principal, the interest on the loan and any other incidental expenses accruing from it.

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