Firm sues NLC for starting probe on 100-acre land without notice

What you need to know:

  • Sceneries Limited sued the National Land Commission (NLC) for starting the investigations without involving it.

  • The company is said to have sold the land to Kenya Reinsurance Corporation on July 10, 1997 for Sh550 million.

  • Through lawyer Kamau Kuria, the company faulted NLC for initiating investigations only after allegedly receiving a complaint from President Uhuru Kenyatta’s uncle, Mr Ngegi Muigai.

A company  owned by Royal Media Services chairman SK Macharia has moved to court to stop investigations into alleged fraud when selling a 100-acre land to a State corporation 19 years ago.

Sceneries Limited sued the National Land Commission (NLC) for starting the investigations without involving it.

The company is said to have sold the land to Kenya Reinsurance Corporation on July 10, 1997 for Sh550 million.

Through lawyer Kamau Kuria, the company faulted NLC for initiating investigations only after allegedly receiving a complaint from President Uhuru Kenyatta’s uncle, Mr Ngegi Muigai.

Mr Kuria claimed his client only learnt of the ongoing investigations in January yet the probe reportedly started in November last year.

He also accused the commission of refusing to give them testimonies of three witness who testified against the firm.

“The complainant is neither the former owner of the said land nor a shareholder in Sceneries Ltd but wants NLC to hold that the title or grant was obtained fraudulently and should therefore be cancelled. There is no privacy of contract between this company and Kenya Re. Unless restrained, the commission will carry on with its illegal proceedings and make recommendations without according us a fair hearing,” Mr Kuria said on Tuesday.

Sceneries Ltd said it cannot prepare its defence without the testimony complaint presented in their absence.

The three witnesses included Mr Muigai, his consultant Mr Antonny Gathaita and a Mr James Kamwere.

The company intends to call seller it bought the land from in 1987 to testify in its defence.

It wants the court to order for a record of the proceedings on the alleged investigations to determine their legality.

The company also wants the court to declare proceedings held in its absence as null and void and the investigations stopped besides certifying the matter as urgent.

“This court has the jurisdiction to grant conservatory orders in exercise of its inherent powers, this is a suitable case,” Mr Kuria said.