A clearing and forwarding company linked to Kanu party chairman Gideon Moi says the Kenya Railways Corporation has no rights or interest in the plots of land where it conducts its business in Mombasa.
Kencont Logistics Services Ltd says Kenya Railways sold the rights to Flagship Holdings Ltd and Josgid Ltd, which held the title deeds in 1997 and 1996 respectively and continue to hold them.
In its suit filed at the Environment and Land Court in Mombasa, Kencont Logistics Services Ltd says it has a valid, current and running lease with the registered owners of the land; Flagship Holdings Ltd and Josgid Ltd.
Kenya Railway Corporation officers outside the Kencont Container Freight Station (CFS) premises in Mombasa. The company is linked to Kanu Chairman Gideon Moi (inset).
Photo credit: Kevin Odit | Nation Media Group
Kencont further says that Flagship Holdings Ltd and Josgid Ltd acquired the land from Kenya Railways through purchase many years ago (in the 1990s).
“The said registered owners have title deeds for the properties in their respective names and have all the rights to lease them to the plaintiff (Kencont) as they did,” reads part of the case documents.
Kencont, through its lawyer Willis Oluga, also says it has the right to occupy and use the properties under the relevant leases.
According to the company, on the evening of May 16, Kenya Railways employees or agents, accompanied by a contingent of police, descended on the properties and demanded that the perimeter wall be demolished and that the company leave the property.
Kencont further alleges that Kenya Railways employees or their representatives then marked the perimeter wall with writings and graffiti.
He further alleges that on May 17, the respondent, through its employees or agents, returned to the properties with a bulldozer accompanied by a contingent of police officers with the intention of demolishing the perimeter wall and evicting him.
“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 it carries out clearing and forwarding business and stores transit goods on the land and that if Kenya Railways goes ahead with the threatened eviction and demolition of the wall, the goods and items it stores in the yard will be damaged or lost.
“The demolition and eviction will expose the plaintiff to liability by third parties whose goods will be damaged and the plaintiff will not be able to meet its contractual obligations to third parties,” Kencont says in court papers.
According to the plaintiff, its business is sensitive and requires a high degree of integrity and that its image and name will be permanently ruined if it is forcibly evicted from the premises by Kenya Railways.
Kencont also argues that Kenya Railways' actions have threatened its constitutional right to lease, own, use and occupy the land.
“The plaintiff is a respected brand in the clearing and forwarding industry and that the defendant’s action of painting its premises with bold and conspicuous writings ‘XKR’ and ‘DEMOLISH’ has dented the plaintiffs image and painted the plaintiff in a negative light by portraying it is it is an entity that is in illegal occupation of public land,” argues Kencont.
Kencont also wants an order of permanent injunction restraining Kenya Railways or its employees from demolishing the perimeter wall of the properties, evicting it and generally interfering with its lease, ownership, occupation and use of the properties in Mombasa.
He also wants the OCS at Mbaraki Police Station or the Central Police Station or any other nearest police station to ensure that the court order is complied with and that peace, law and order is maintained at all times while the order is in force.
On May 19, Justice James Olola granted an interim injunction restraining Kenya Railways from demolishing the perimeter walls of the properties, evicting the plaintiff or its employees and generally interfering with the plaintiff's lease, ownership and use of the properties.
The orders were granted pending the hearing and determination of an application by Kencont Logistics Services Ltd for conservatory orders. The application has been fixed for hearing on July 1.
