Neno Evangelism Centre leader James Ng’ang’a has obtained an injunction restraining the Kenya Railways Corporation (KRC) from interfering with his ownership of a plot of land on Haile Selassie Avenue, which the government claims is a railway reserve.
The preacher sought the court's protection after the state-owned company halted his plans to build a commercial building on the land.
Pastor Ng'ang'a says in court documents that he has drawn up plans to build 20 shops, a car park and other social amenities on the land as the legal owner.
Environment and Land Court Judge Edward Wabwoto granted Mr Ng'ang'a an interlocutory injunction restraining KRC from interfering with his title and quiet and peaceful enjoyment of the land pending the determination of the application.
"When the respondent/defendant was notified of the proposed development, it manifested a clear intention to forcibly, unlawfully and without any justification or colour of right, alienate, dispose of or convert the said parcel of land on the pretext that it is a railway reserve," Mr Ng'ang'a said in the application.
Through lawyer Cliff Oduk, Pastor Ng'ang'a says he is the registered legal and absolute owner of the land, having bought it from a couple for Sh8 million on 22 June 2011.
He says the previous owner was Aminmohamed Rahim Bhanjee, who held a 99-year lease from October 1994.
After Mr Bhanjee's death, his wife, Farida Aminmohamed, was issued with a certificate of confirmation of grant following an inheritance case on 17 July 1998.
Pastor Ng'ang'a says he bought the land after conducting due diligence on the property at the land office and confirming that the title was genuine.
He says in court documents that he has been in quiet possession of the land until recently, when he began construction of a commercial building on the land.
Pastor Ng'ang'a said he had brought in excavators, bulldozers and hired construction workers to complete the said construction within the stipulated period.
He said the erection of the scaffolding, which is part of the approved construction, should be completed within six months, which expires on 3 July.
However, KRC allegedly has a clear intention to forcibly and unlawfully prevent him from proceeding with the construction.
"That in order to commence the same, the plaintiff has taken all legal steps and obtained a letter of authority to excavate and transport soil to the Dandora dumpsite, a hoarding licence, a National Environment Management Authority (Nema) Environmental Impact Assessment licence, which he obtained in November last year, 2022, which is only valid for 24 months.
He says he is unable to proceed with the construction despite obtaining the necessary permits from the local authorities.
