Judge orders officials to shed light on transfer of 659ha in Ruai
The late businessman Jacob Juma. FILE PHOTO |
What you need to know:
It is alleged that the property, held in trust by the then Nairobi City Council, was fraudulently transferred to Renton, without the approval of Commissioner of Lands.
The judge issued the summons after the state institutions failed to file reports for the hearing on Monday, forcing an adjournment.
He said the officials “hold the records of the land and must be in court to clear the air on how the title came about.”
Renton claims it is the genuine owner of the land having been allocated the land by the defunct Nairobi City Council.
The High Court on Monday summoned three senior land officials to explain how 659 hectares meant for expansion of a sewer treatment plant in Nairobi was transferred to a private developer.
Mr Justice John Mutungi ordered the National Land Commission secretary, the chief lands registrar and Nairobi City County director of survey to shed light on how Renton Company Limited acquired the plot in Ruai.
The case was filed by a group of squatters who were kicked out of the plot and city businessman Jacob Juma, who was allowed to join the proceedings “on behalf of the public”.
The petitioners want the title held by Renton revoked, and the parcel reverted to its proposed public use.
FRAUDULENTLY TRANSFERRED
It is alleged that the property, held in trust by the then Nairobi City Council, was fraudulently transferred to Renton, without the approval of commissioner of lands.
The judge issued the summons after the state institutions failed to file reports for the hearing on Monday, forcing an adjournment.
He said the officials “hold the records of the land and must be in court to clear the air on how the title came about”.
Renton claims it is the genuine owner of the land having been allocated the land by the defunct Nairobi City Council.
In suit papers, Mr Juma claims that the government allocated the land to the former Nairobi City Council in 1996 to set up a sewer treatment plant and other facilities as part of the Nairobi Metropolitan Growth Strategy of 1973.
SAME-DAY TRANSFER
“The suit land was registered in favour of NCC on April 12, 1996 at 9.30am and transferred to Renton Limited at 10.25am the same day in a manner that was manifest with corruption, fraud and breach of Constitution,” the petitioner claims.
The council having only registered the grant in its favour for 55 minutes, he argues, could not have complied with the prerequisite “special condition for the transfer” in which the commissioner of lands has to append a signature.
He has asked the court to restrain Renton from using the multimillion-shilling property until the case is determined.
The case will be heard on June 17.
