KPA wins round one in bid to reclaim land from developers

Private developers embroiled in a property tussle with the State ports agency suffered a blow after the court issued temporary orders barring them from building on the disputed property.

The orders were issued after Kenya Ports Authority (KPA) moved to court to compel the National Land Commission (NLC) to revoke title deeds issued to people it accuses of encroaching on its property, erecting structures and blocking access to staff houses.

The parastatal alleges that some seven individuals illegally and irregularly allocated the plots, which are part of its property inherited from the erstwhile East African Railways and Harbours.

In its court papers, KPA sought orders to restrain Akaba Investment Ltd and Kemo Constructors Ltd and their agents from developing the disputed plots. It claims the two built illegal structures on a public road.

The applicant also sought a temporary injunction restraining the defendants from interfering with the public access meant for KPA pending hearing and determination of the suit.

STRONG CASE

Environment and Land Court Judge Charles Yano granted the orders on Tuesday, noting that KPA had established a strong case with a probability of success against the private developers.

Emerging facts and evidence in the form of affidavits hinted that KPA had a stake in the property, the judge said.

The judge noted that since both the plaintiffs and Akaba Investment Ltd were claiming ownership of the suit property, it was only fair to issue orders that safeguard and maintain the status quo until the dispute is amicably solved.

“The balance of convenience would tilt in favour of the plaintiffs in order to safeguard the current status of the subject,” he said

The parastatal claims that the private developers were irregularly allocated a road used by the public, and are developing it. This was impeding access to KPA properties.

The road in question, KPA says, joins Mbaraki Road and Nyerere Avenue and is used by its staff to access their houses.

DEFENCE

In the suit, KPA Scheme whose members are affected is cited as the second plaintiff, while Hassan Abubakar, Samuel Kipchumba T/A Pes Investment and Hillary Osodo T/A Hiira Enterprises are cited as defendants.

Other defendants are Abubakar Kisilo and Shaban Ismail T/A Shaban Blue Enterprises.

Akaba Investment Ltd and Kemo Constructors Ltd have denied claims of encroaching on a public road.

They maintain that they are carrying developments on their private properties and that they they are the legal and undisputed owners of the property after lawful purchase from the original owners.