Court criticises land agency for illegal probe

National Land Commission chairman Muhammad Swazuri addressing residents at Manda Trading centre on April 8, 2016 in Lamu. It has been stopped from investigating the validity of a title for a parcel of land. PHOTO | KALUME KAZUNGU | NATION MEDIA GROUP

What you need to know:

  • The High Court ruled that the commission had acted unlawfully by beginning an investigation into the contested title ownership without informing all the affected parties.

The National Land Commission has been stopped from investigating the validity of a title for a parcel of land, which was sold for more than Sh500 million 20 years ago.

The High Court ruled that the commission had acted unlawfully by beginning an investigation into the contested title ownership without informing all the affected parties so that they may respond to the complaint raised.

Mr Samuel Macharia, a director of Sceneries Ltd, which had filed the case, had told the court that the commission had not informed the firm of the case yet the outcome of the investigation was likely to affect its ownership of the land.

“The manner in which the proceedings were undertaken is unfair to Sceneries Ltd,” ruled Justice John Mativo.

Mr Macharia had in 1997 sold the contested land to Kenya Reinsurance Corporation Ltd but a complaint was raised by businessman Ngengi Muigai.

The commission was directed to undertake a fresh review of the property.