Parliament has ordered the Kenya Airports Authority (KAA) to demolish a bungalow and repossess land within the next two weeks that has been grabbed by an individual in Embakasi Estate.
The land has remained un-reclaimed nearly five years after the High Court ruled in the state agency’s favour.
The National Assembly’s Public Investment Committee on Commercial and Energy Affairs directed KAA to repossess the land in line with the court ruling that required the authority to demolish the property within 90 days of the judgment.
The KAA won a court case to reclaim land it claims was illegally grabbed in Embakasi Estate in Nairobi.
The High Court ordered that the defendant, who illegally excised part of a parcel of land worth Sh4.3 million, be permanently barred from alienating, trespassing, entering, or disposing of the plaintiffs' land.
The court also directed that KAA evicts the tenant within 90 days of issuance of the court orders but the state agency is yet to reclaim the prime property.
“We are going to implement the court order against the third party who has encroached on our land, a Ms Juliana Kariuki, within two weeks as directed by the High Court,” Mr Nicholas Bodo, the acting KAA managing director, told MPs on Wednesday.
“We will oversee the demolition of that bungalow within two weeks and reclaim our gabbed land. I know we have had challenges trying to get the police to help us execute a court order for the past one year, but nothing stops us from moving in to demolish and reclaim our property.”
Auditor-General Nancy Gathungu had questioned an unregistered parcel of land measuring 0.867 acres at Embakasi Village and valued at Sh4,335,000, which has not been incorporated in the leasehold land balance as at June 30, 2019.
She said the KAA had not obtained partial allotment for the land parcel measuring 0.443 acres from the National Land Commission on September 25, 2017.
Ms Gathungu said the remaining part, measuring 0.47 acres, has been illegally excised and allocated to a third party.
“There is no evidence of follow-up and its outcome on the investigation on the illegal excision,” Ms Gathungu said in the KAA audited books of accounts for the year to June 2022.
Appearing before the committee chaired by Pokot South MP David Pkosing, Mr Bodo told lawmakers that a follow-up letter to the National Land Commission was done but to date no ownership documents have been obtained in favour of KAA.
“The authority also filed a petition in the Environment and Land Court and obtained a favourable order of temporary injunction pending hearing and determination of the Application,” Mr Bodo said.
Mr Pkosing demanded to know why the KAA had failed to evict Ms Kariuki despite the High Court ordering her eviction within 90 days from the date of judgment in the year 2020.
“This smacks of an inside job. You have a clear High Court judgment in your favour directing you to evict the encroacher within 90 days of the ruling. You have sat on the court order awaiting a favourable ruling for Ms Juliana Kariuki so that you cede part of this land,” Mr Pkosing said.
“It is very clear that the managing director and/or his servants or agents are part of this land grabbing. Otherwise, there is nothing stopping Mr Bodo and the KAA from acting on the 2020 court orders directing the eviction of the land encroacher.”
Mr Pkosing said Ms Juliana Kariuki appears to enjoy high level protection from the top KAA management and the police who have frustrated the implementation of the eviction order as directed by the High Court.
“Ms Juliana Kariuki appears to be a front for powerful individuals at the KAA. When are you going to implement the court order directing demolition of the buildings and recovery of this property?” Mr Pkosing asked.
“I am directing you Mr MD to recover this property within two weeks as directed by the High Court. You were given 90 days and there are no Court of Appeal orders stopping you from implementing the lower court orders. It is now about four years. We want you to furnish us with the outcome on the recovery of the said land within two weeks.”
Kapolei MP Paul Katana said cartels within the KAA are protecting Ms Kariuki in a bid to dispossess the authority of its prime parcel of land located near the Embakasi Police Station.
“The Authority obtained judgment in its favour but an appeal was instituted and its awaiting direction in the Court of Appeal.”
