The High Court has reverted a prime plot
of land contested by the former ruling party Kanu and a politician to Murang’a
County Government.
Environment and Lands Court Judge Grace Kemei declared
a title deed issued to Emukei Transporters associated Paul Muna Kimani a former
Mayor at the defunct Municipality Council of Murang’a, null and void effective
from July 1, 1997.
The land which was registered under
Salvation Army Church in 1964 with a 33 years lease, and title deeds issued in
1978.
In the suit lodged in 2013 by Evans
Nakhabala Wekesa to block Kanu from allegedly interfering with the suit land,
located within Murang’a town, said he was the registered owner with a title
deed Murang’a/ Municipality/ Block3/12.
” I am satisfied that the title was
acquired illegally through a corrupt scheme and in an unprocedural manner. There
was no legal title conveyed to the bank, it cannot be left to stand given my
holding that Wekesa, and interested parties received nothing because the
interest in the title had reverted to the council in 1997,” said the Judge
She ruled that there is no evidence
that the suit land has been alienated to either of the contestants.
The transport company and
Consolidated Bank were registered as interested parties in the suit.
During the proceedings, Kemei
was told that in 2016, Wekesa transferred the property to the transport
company, which was two years later used to secure a Sh5million loan from
Consolidated Bank.
Murang’a Land Registrar Ms Alice
Gisemba testifying revealed that the land being contested by the parties was
registered under Salvation Army Church in 1972 and there has never been
changes.
In 1975, the church expressed
intention to the commissioner of land to surrender the lease of Murang’a County
Council, and no action was taken on the request.
In 1973, the documents at the
defunct local authority indicated there was a communication to the commissioner
of land seeking the land to be transferred to the former ruling party for the
purpose of collecting rent to boost its revenues.
The suit land was used as a security
to obtain a loan of Sh5 million from the consolidated bank three years ago.
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