Isiolo man's bid to evict IEBC from contested land flops
Tables have turned against a businessman who sought to evict the Independent Electoral and Boundaries Commission (IEBC) from a parcel of land in Isiolo Town.
Mr Abdi Abkulla Tari had claimed that IEBC was illegally occupying his property and that the court should order its eviction as he is the legal owner of the contested land.
However, Justice Oguttu Mboya of the Environment and Land Court has ordered the revocation of his title deed.
The judge ruled that Mr Tari had sold the land to the defunct Electoral Commission of Kenya (ECK), but the parcel was still registered in his name because a transfer was never effected.
“What becomes apparent is that the plaintiff (Tari) appears keen to propagate the claim of being the lawful and registered proprietor of the suit property merely because he discovered that despite the sale, the land still remains registered in his name,” said the judge.
The judge said Mr Tari sold the property to ECK for Sh1.1 million in 2007. But Mr Tari had claimed that the payment was for lease of the property for the period between 1999 and 2007.
“Be that as it may, it's not lost on this court that the plaintiff did not produce the certificate of lease. Perhaps, the failure to produce the certificate of lease concerns the fact that the same may have been surrendered to the ECK in fulfilment of the terms and conditions of the sale agreement,” said the judge.
The judge also noted that a witness called by Mr Tari worked for the electoral body as a coordinator, but feigned ignorance of the purchase yet the documents tabled in court contained his signature.
Mr Tari claimed to have been allocated the property by the defunct county council of Isiolo and was later issued with a letter of allotment by the commissioner of lands.
But despite admitting that he received Sh1.1 million in 2007, Mr Tari termed the money as rent arrears.
Through lawyer Charles Mwongela, IEBC submitted that Mr Tari entered into a lawful sale agreement with the ECK.
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