Attorney General Paul Kihara Kariuki has testified in a case where South Coast-based Leisure Lodges is defending its allocation of land adjacent to its beach resort and golf course.
Through litigation counsel Nguyo Wachira, the AG said the revocation of allocation was justifiable for failure by Leisure Lodges Ltd to comply with terms and conditions they had been given.
At the centre of the dispute is more than 76 hectares (187 acres) in parcels of land worth millions of shillings in Diani, South Coast.
Leisure Lodges Ltd however says it is the registered owner of ten parcels of land and is entitled to their absolute possession.
It has sued individuals, companies, business entities and the government totaling to over 700 respondents who have interest in the ten parcels of land.
Mr Wachira who was submitting yesterday before a three-judge bench comprising Justices Eric Ogola, Mugure Thande and Dora Chepkwony also says there is no basis for award of damages made before them.
In his cross petition, the AG accused Leisure Lodges Ltd of misleading the government to allocate it land.
The AG argued that Leisure Lodges Limited disposed of government land illegally which was meant for settlement of squatters.
The AG wants among others an order of permanent injunction restraining Leisure Lodges Ltd from selling, transferring or entering into any deal with the parcels of land.
He further accuses Leisure Lodge of failing to surrender the parcels of land within Kwale/ Diani complex.
Leisure Lodges Ltd wants a declaration that the subdivisions and re-parcellation of its land and allocation of plots created over and within its parcels of land to third parties is contrary to the law and in breach of its right and amounts to acquisition of its land without compensation.
The company argues that the state cannot acquire property to distribute it among its kin or political supports for personal gain.
It also argues that unplanned development on its land has reduced the value of its commercially viable properties including those on the beach which were next or adjacent to its parcels of land.
[Article source: The Business Daily, by Philip Muyanga]
