Kenya Railways Corporation (KRC) says that there were no board or ministerial approvals for the sale of three parcels of land where a clearing and forwarding company linked to KANU chairman Gideon Moi conducts its business in Mombasa.
KRC says that the prerequisites for the disposal of the land were not complied with in the alleged sale of the parcels of land and that the transactions were entirely fraudulent.
Through an affidavit of its acting general manager of legal services, Stanley Gitari, the corporation says that the parcels of land are necessary for the operation of the railway.
“The continued use and occupation of the property by the plaintiff (Kencont Logistics Services Ltd) is greatly prejudicial to the defendant (KRC), who is in the process of commencing works along the railway line,” Mr Gitari states.
Mr Gitari further states that KRC has not evicted Kencont from the parcels of land, and it (Kencont) is in occupation and continues to use them.
“Though the transfer of the parcels of land to Kencont lessors was irregular, the defendant has not evicted the plaintiff,” states Mr Gitari.
Kencont, which has sued KRC, says that the corporation does not have any rights or interest in the parcels of land.
This, Kencont says, is as a result of KRC having sold them to Flagship Holdings Ltd and Josgid Ltd, who have held the title deeds from 1997 and 1996 respectively and are holding them to date.
Evah Odongo, Legal Officer for Kencont Container Freight Station (CFS).
Photo credit: Kevin Odit| Nation Media Group
The company says that it holds a valid, current, and running lease with the registered owners of the land, Flagship Holdings Ltd and Josgid Ltd.
Kencont, in its application, is also seeking to have KRC managing director Philip Mainga and its security officer, Hussein Yusuf, cited for contempt of court.
Mr Gitari further states that the corporation shall be seeking the cancellation of the titles issued to the plaintiffs’ lessors and their eviction from the properties in the main case.
The GM legal services also say that Kencont lessors have never reached out to KRC regarding allegations of denial of entry and use.
“I confirm that the security guards and police officers placed on the property are for the purpose of facilitating the operations of the defendant and are in no way interfering with the plaintiff’s operations,” Mr Gitari states.
He further states that it is in the public interest that KRC’s operational areas are well secured to facilitate operations and to prevent accidents, considering that the properties sit in an operational zone and in front of a railway line.
Through lawyer Willis Oluga, Kencont also says that because of the respective leases, it has the right to occupy and use the properties.
According to the company, on May 16 in the evening, KRC employees or representatives, accompanied by a contingent of police, descended on the properties and demanded that the perimeter wall be demolished and that they leave the property.
Kencont also says that KRC employees or their representatives then marked the perimeter wall with writings and graffiti.
It further says that on May 17, the defendant, through its employees or representatives, returned to the properties with a bulldozer, accompanied by a contingent of police officers with the intention to demolish the perimeter walls and to evict it.
“There is a likelihood that the defendant or employees may descend upon the properties, demolish the perimeter wall, and evict the plaintiff,” says Kencont in its suit papers.
Kencont says that it does clearing and forwarding business and storage of transit goods on the parcels of land and that if KRC proceeds with the threatened eviction and demolition of the perimeter wall then the goods and items it is storing in the yard will be damaged or get lost.
It wants a declaration issued that Kenya Railways is not the owner and has no rights whatsoever over the parcels of land.
Kencont also wants a permanent injunction issued to restrain Kenya Railways or its employees from demolishing the perimeter wall of the properties, evicting them, and from generally interfering with its lease, ownership, occupation, and use of the parcels of land in Mombasa.
It also wants the officer commanding station (OCS), Mbaraki police station or Central police station or any nearest police station to ensure compliance with the court order and that peace, law, and order are maintained at all times when the order is in force.
In its application for contempt, Kencont wants Mr Mainga and Yusuf summoned to court to show cause why they should not be committed to civil jail for up to six months for disobeying a court order.
The order restrains KRC from evicting the company or interfering with its lease and use of three parcels of land pending hearing and determination of an application for conservatory orders.
Kencont argues that despite being aware of the order KRC has violated, disobeyed, and deliberately refused to comply with it by locking the gate of the premises, posting armed police officers and security guards blocking its access.
