By: RICHARD MUNGUT
The Nairobi City County is demanding over Sh61.5 billion from ministry of Defence over alleged illegal possession of its 3078.12 acres of land in Embakasi.
The county government says the land on which the Embakasi Barracks sits was wrongly acquired.
Lady Justice Lucy Nyambura Gacheru of the Environment and Lands Division was on Thursday asked by the City County of Nairobi to order KDF to compensate it for wrongly taking possession of the vast parcel of land or remove all the structures it has put on the contested land.
Lawyer Donald Kipkorir for NCC said the act by KDF is unlawful and should bear the consequence.
Mr Korir told Justice Gacheru that the NCC purchased the parcel of land from Kayole Estates Limited on November 22, 1971.
“Vide a letter dated November 7, 1997 KDF requested NCC to allocate it 400 hectares (988 acres),” Mr Korir stated.
NCC agreed to allocate the parcel of land to DoD on condition that KDF pays it a stand premium of Sh40 million within 30 days.
“In breach of the said condition KDF failed to pay for the stand premium as scheduled or at all,” Mr Korir told the judge.
In addition the lawyer said: “KDF wrongly entered and took possession of the entire land and proceeded to erect permanent structures on it. It has fenced off the entire land and NCC has lost use of the said land besides suffering huge loss.”
Mr Korir urged the judge to order the letter which KDF received from NCC in 1997 to rescind it or revoke it for it breached the terms of engagement.
In the alternative the County government is asking the court to order DoD to compensate it Sh61.5 billion or quit the land forthwith.
“Efforts to resolve the dispute since 1997 have proved an exercise in futility,” the judge heard.
Evidence from the County Chief Valuer Mr Isaac Nyoike, showed that the parcel of land was intended to put up low cost houses for city residents and “that dream has since aborted.”
Mr Korir said he had lined up three witness but has dropped two former employees who are now Members of Parliament.
The two are Mrs Roba Duba (a former Town Clerk now MP Moyale) and Mr Aduma Owuor (MP Nyakach).
Mr Owuor is also a former Clerk to Kisumu Municipal Council.
Mr Nyoike said he valued the parcel of land at Sh61.5 billion.
NCC has named the Kenya Defence Forces, the Minister of Defence and the Attorney-General as the defendants.
Justice Gacheru will receive further evidence on September 14, 2015.