Man sues KDF in Sh40bn land case
What you need to know:
- Mr Boit’s lawyer Philip Nyachoti, told the court that the military erected a perimeter wall around his land preventing him from accessing it.
Armed soldiers - Before the invasion and dispossession, there had been no prior action by the National Government or any other arm of government to compulsorily take over the land, he said.
- Mr Boit wants the court to declare the acquisition, retention and detention of the land by the military illegal.
A Sh40 billion property in Embakasi, Nairobi, has become the subject of a legal battle pitting a city businessman against the military.
Mr Kenneth Kiptoo Boit, through his Darkwood Investment Limited, has sued the Kenya Defence Forces (KDF) for allegedly taking over his 400 hectares near Embakasi Barracks.
Mr Boit’s lawyer Philip Nyachoti, told the court that the military erected a perimeter wall around his land preventing him from accessing it.
Armed soldiers
According to court documents, Mr Boit unsuccessfully asked the military to leave the land.
Instead, he claimed, the military assigned armed soldiers to guard the land.
“The defence forces have persisted to trespass on the land and are guarding it round the clock by armed guards from the department and some construction work has already started,” Mr Nyachoti said.
Mr Boit said he acquired the land through an allotment from the defunct City Council of Nairobi on April 26, 2001.
He was allocated after paying Sh40 million to the council and was issued with a receipt.
Mr Nyachoti said he bought the land in order to build residential houses, which was approved by the council.
He said the military encroached on the land in 2005.
“The applicant is well aware and justifiably apprehensive that the Department of Defence is using the State coercive power and muscles to forcibly remain on the property without compensation in utter disregard of petitioner’s rights,” the lawyer said.
Before the invasion and dispossession, there had been no prior action by the National Government or any other arm of government to compulsorily take over the land, he said.
The lawyer noted that several meetings by the military had acknowledged and recommended that the land belonging to “a private developer” (Mr Boit) be surrendered back to the developer.
CONSTRUCTION WORKS
“It has become difficult to develop the land because of the presence of the military and the construction works being undertaken on that parcel by the army,” he added.
Mr Boit wants the court to declare the acquisition, retention and detention of the land by the military illegal.
He wants the court to direct the Attorney General to ensure he is paid profits he has been denied from the date the army took over the land.
Lady Justice Mumbi Ngugi ordered Mr Boit to serve the military with the suit papers.
The proceedings resume Monday.
