[Source: The Standard, by Kelvin Karani]
The High Court has issued temporary orders stopping further construction on two disputed plots.
Kenya Ports Authority (KPA) and private developers are embroiled in a tussle with all parties claiming to possess title deeds for the land along Mbaraki in Mombasa County.
KPA moved to court seeking to compel National Land Commission (NLC) to revoke the private developers’ title deeds.
The agency accuses the developers of encroaching into an access road and erecting structures, blocking its staff from accessing their homes.
They want Akaba Investment Ltd and Kemo Constructors Ltd and their agents stopped from carrying out any construction on the disputed plots.
Among the structures erected on the land is a car wash.
The orders were granted by Environment and Land Court Judge Charles Yano.
In the suit, KPA Scheme whose members are affected is the second plaintiff. Hassan Abubakar, Samuel Kipchumba T/A Pes Investment and Hillary Osodo T/A Hiira Enterprises are cited as defendants.
Other defendants are Abubakar Kisilo and Shaban Ismail T/A Shaban Blue Enterprises.
The NLC, the Land Registrar and the Attorney General are also respondents in the suit in which KPA and its scheme claim the Commissioner of Lands illegally cut out a portion of the land MSA/BLK/XXIII/179 reserved for public use and gave it to a third party.
Court documents indicate the commissioner allocated to the defendants the about 21.33-metre-wide road on January 7, 1999 on a leasehold of 99 years.
Akaba Investment Ltd and Kemo Constructors Ltd have denied allegations that the land in question is a public access road.
[Full article: The Standard, by Kelvin Karani]
