The Environment and Lands Court has allowed the anti-graft agency to join a drawn-out land ownership dispute pitting a private company against the city county government.
Ethics and Anti-Corruption Commission (EACC) sought to join the case on grounds that, the property situated at the junction of Koinange Street and Market Street in CBD, is public land and was illegally allocated to the proprietor, Market Plaza Limited.
Justice Samson Okong’o heard that the suit property was transferred to the private company by the defunct city council on December 22, 1992.
In its application, the EACC said it had undertaken investigations on the proprietary and subdivision of the land.
Mr Edward Rinkanya, who investigated the dealings with the suit property on behalf of EACC, said that the land was illegally excised from the city market and alienated to the private developer. The land was curved out from a land set aside for city market which is registered as L.R No.209/1855.
Preliminary findings showed that the suit property was part of the said market and as such was reserved for public utility.
Mr Rinkanya stated that the EACC joining the case will obviate the need for it to file a separate suit against the private firm in respect of the same subject matter.
The court heard that the defunct city council had no authority to deal with the suit property and as such the transfer to the private company was null and void.
EACC had also discovered that the property was granted to the county council by the central government to be used for public purposes and as such it could not be alienated for private use.
“The application is brought on the grounds that the EACC is mandated to investigate the extent of liability for loss of or damage to public property and to institute civil proceedings against any person for the recovery of such property or restitution for or compensation,” said Mr Rinkanya.
Also joined in the case are the officials of City Market Stall Holders Association, who told court that the traders have interest in the land. The group said the alienation would defeat the interest of its members.
Justice Okong’o directed both EACC and the traders group to file their pleadings, witness statements and indexed and paginated bundle of documents within 21 days.
The private firm through its director Njoroge Ngatia had opposed the joiner of EACC and the traders in the case saying the application was based on unsubstantiated allegations intended to portray it as corrupt and dishonest.
He had told court that the applications were intended to delay the prosecution of the suit. In its plaint, the company indicated that it is the registered proprietor of the suit property.
The company moved to court in July 2000, seeking permanent injunction restraining the city council and China Road and Bridge Corporation Ltd from entering, trespassing on, building or conducting any business on the land.
The legal battle started after the county allowed the Chinese firm to dump its waste material on an excavated area on the suit property.
In its court papers, Market Plaza Ltd indicated that its title to the suit property was indefeasible.
