November 23rd 2017

Top Stories / National

Muthama moves to court to stop grabbing of 700 acres in Machakos

Komarock Housing Society Limited, which has been listed as the second defendant in the case held an annual general meeting two weeks ago where its chairman, Bernard Maembe told members NLC had finally approved allocation of 700 acres of land following decades of ownership dispute.

By Mutinda MulwaTuesday, 03 Oct 2017 19:33 EAT

A state corporation and a prominent politician have moved to the High Court to challenge the recent allocation of 700-acre piece of prime land by the National Land Commission (NLC) to a local society.

Kenya Broadcasting Corporation (KBC) through lawyer Kinyua Mureithi is seeking orders to restrain Komarock Ranching and Farming cooperative Society and Komarock Housing Society Limited from accessing the property, which KBC claims is still subject to a pending court case. The land is located in Matungulu Sub County, Machakos County along Tala-Nairobi highway, where KBC Police Station is built.

Former Machakos Senator Johnstone Muthama has also sought to be enjoined in the case as an interested party where through his lawyer, Sharon Mbithe, the politician claims the controversial property is community land.

Komarock Housing Society Limited, which has been listed as the second defendant in the case, held an annual general meeting two weeks ago where its chairman Bernard Maembe told members NLC had finally approved the allocation of 700 acres of land following decades of ownership dispute. Shareholders of the society have since balloted on the land and started developments.

In its application, KBC alleges breach of a court order by the respondents issued to them on March 14, 2014 in which a ‘status quo’ ruling was issued, effectively outlawing any manner of interference with the property by all parties involved until the pending case was heard and determined.

KBC claims the disputed land is still registered under the Permanent Secretary for the National Treasury in-trust on behalf of Ministry of Information and Broadcasting under which KBC falls.

“The land is occupied by KBC for purposes of public broadcasting and there is a valid injunction restraining further interference by parties,” lawyer Mureithi told Justice O Agote on September 30.

KBC further argues the fact that the respondents have moved on and begun development on the disputed property, is a breach of the rule of law and therefore in contempt of court.

Former senator Muthama, who is on record opposing issuance of the land to Komarock Housing Limited, argues the property is community land held in trust for local residents.

The case will be mentioned on 9 October before the same court.

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