Attorney-General Paul Kihara Kariuki has opposed National Assembly Speaker Justin Muturi’s application to strike out a cement manufacturer’s petition seeking to block a House report on land.
The AG argues that it is necessary to for the court to determine ownership of the parcel of land and constitutional issues in the suit since a dismissal of the petition may not lead to justice.
Mombasa Cement Ltd went to court seeking to save part of its 672 hectares of land valued at over Sh 680 million, following a directive by a Cabinet Secretary for Lands, to vacate it.
In opposing the Speaker’s application, the AG argued the court should have the petition by the cement manufacturer heard substantively so that the ownership, use and occupation of the land can be determined.
According to the AG, issues of land ownership are emotive and the court should facilitate a full and expeditious hearing avoiding technicalities.
Mombasa Cement Ltd, through lawyer Cyprian Onyony, also opposed the application by the Speaker, saying proceedings before the court will be rendered an academic exercise if it (application by the Speaker) is allowed.
Mombasa Cement Ltd claims that on July 28 last year, the CS Ministry of Lands wrote to its managing director directing him to immediately leave the land located in Kilifi county and hand over the titles.
The company says the decision of the CS followed an investigation by the National Assembly departmental Committee on Lands, whose report concluded that the ministry takes over the land to be administered by the National Land Commission.
Mombasa Cement has sued the ministry, Speaker of the National Assembly, the National Land Commission and the Attorney General.
The company argues that the investigations constitutes nothing but intimidation and harassment using government agencies to humiliate and degrade it.
According to the cement manufacturer, the CS threatened that failure to comply with the directive, the ministry will without notice move to mark out the parcel of land and take possession.
The court is expected to deliver its ruling on March 28.
[Article source: Business Daily, by Philip Muynaga]
