Orange Democratic Movement (ODM) party leader Raila Odinga's name has been dragged into a dispute over ownership of a prime parcel of land linked to the iconic Kongo Mosque in Diani, Kwale.
Two residents who claim ownership of the land told a Mombasa court that Mr Odinga stated he had made reports to the Ethics and Anti-Corruption Commission (EACC) to conduct investigations.
Mr Mohamed Mwachumba and Ali Mwangariche, in court documents, added that Mr Paul Mwangi, an advisor to the former Prime Minister, in his letter to the EACC, complained that they grabbed the land from Kongo Mosque.
Hamisi Suleiman, caretaker, shows the design of the iconic Kongo Mosque in Diani, Kwale County.
Photo credit: File| Nation Media Group
“Looking at the letter by Mr Mwangi and subsequent utterances by Mr Odinga, it is not difficult to know who brought EACC to the matter,” stated Mr Mwachumba.
Mr Mwachumba said it was clear that EACC is serving the interest of certain individuals who are high-ranking members of society and is not pursuing a genuine course of justice.
“If the commission was pursuing genuine justice, they would have applied to set aside the judgement that was issued in our favour instead of seeking to stop us from enjoying the fruit of our judgement in a totally new case,” Mr Mwachumba stated.
The residents who are respondents in an application by the antigraft commission claim that the agency is doing the bidding for some powerful individuals and want the court to restrain them from using their court-awarded property.
“Contrary to the impression painted by EACC in this case, the mosque known as Kongo Mosque is standing on a distinct and separate piece of land,” Mr Mwachumba said in his affidavit.
The residents, who are represented by lawyer Willis Oluga further claim that owners and worshippers of the mosque have been eyeing their land because it is adjacent to it.
They also say that the claim by EACC that they should be restrained because they have advertised the land for sale at Sh1.4 billion is sensational and intended to whip emotions of the court so as to grant orders.
“We own the property by virtue of a valid court judgement which has not been set aside, if EACC thinks we should not own it, deal with or have any rights on it, it must first apply to set aside our judgement,” part of the affidavit dated May 28, states.
According to the residents, the Gazette Notice declaring Kongo Mosque as a monument does not contain any land reference number and it is wrong to assume that what was declared was their land. They further say that the land was first registered in the name of the late former President Daniel Moi and a title deed issued , but he surrendered it on May 6, 2009.
“It is very dangerous for a public institution charged with an important legal mandate like that of EACC to allow itself to be used and disused by individuals and third parties to advance a sectarian objective,” says Mr Mwachumba.
In its application at the Environment and Land Court in Kwale, EACC claimed that its preliminary investigations revealed that the land was corruptly, fraudulently and illegally alienated in favour of the respondents.
According to EACC, preliminary investigations reveal that the land has never ceased being public property, had always been used and remains a monument as gazetted.
A picture of the Mombasa Law Courts| Pool
Photo credit: Pool
“The applicant is apprehensive that the respondents will in the intervening period continue to encroach, develop and occupy the land to the prejudice of public interest thereby prejudicing the ongoing investigations and intended recovery proceedings,” part of the application by EACC states.
EACC have since obtained preservation orders restraining Mr Mwachumba and Mwangariche or their agents from alienating, disposing or undertaking any construction on the parcel of land, LR No 13445, situated at Tiwi, Kwale county.
The application is expected to be heard on Tuesday, June 10.
