Land owner sues government for claims of hindering development efforts

A property owner in Malindi has filed a petition against the National Government over allegations that he is being denied the right to develop what he claims is his property.

On 10th December 2015, Malindi land owner, Farooq Imtiaz Malik, filed a petition (petition number 19 of 2015) through his lawyer, Lucy Mwangi, against the Director of Police Investment, Inspector General, National Police Service and the Attorney General, stating that he had on several occasions been barred from developing the prime property adjacent to the Indian Ocean in Malindi.

The land situated in up-market suburb of Casuarina within Malindi, measures approximately an acre in size and houses the residences of senior national government officials as well as senior judicial officials.

According to the petitioner’s lawyer, Lucy Mwangi, the land in question was part of a larger piece that belonged to the government in the 1970s.

According to court records the government leased out part of the land, a section of which was later sold to Farooq Malik by an unidentified seller.

In his petition, Farooq now claims that his efforts to develop the property have been frustrated by government officials who claim that the area is government land.

During the hearing at the Malindi High Court this morning, Justice Said Chitembwe, stated that there was need for further evidence to be presented observing that the case was based on speculation.

The government representative, from the office of the Attorney General was conspicuously missing during the hearing, with efforts to reach him proving futile.

Also present during the hearing was, Mr. Philip Gakuchie, the legal representative of Ethics and Anti-Corruption Commission (EACC) who stated that they had a great interest in the case as a commission.

Hearing will resume on 24th February 2016.

By Irene Agum and Molly Saja