[Source: Daily Nation, by Brian Ocharo]
Private developers embroiled in a property tussle with the State ports agency suffered a blow after the court issued temporary orders barring them from building on the disputed property.
The orders were issued after Kenya Ports Authority (KPA) moved to court to compel the National Land Commission (NLC) to revoke title deeds issued to people it accuses of encroaching on its property, erecting structures and blocking access to staff houses.
The parastatal alleges that some seven individuals illegally and irregularly allocated the plots, which are part of its property inherited from the erstwhile East African Railways and Harbours.
In its court papers, KPA sought orders to restrain Akaba Investment Ltd and Kemo Constructors Ltd and their agents from developing the disputed plots. It claims the two built illegal structures on a public road.
The applicant also sought a temporary injunction restraining the defendants from interfering with the public access meant for KPA pending hearing and determination of the suit.
Environment and Land Court Judge Charles Yano granted the orders on Tuesday, noting that KPA had established a strong case with a probability of success against the private developers.
In the suit, KPA Scheme whose members are affected is cited as the second plaintiff, while 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.
Akaba Investment Ltd and Kemo Constructors Ltd have denied claims of encroaching on a public road.
They maintain that they are carrying developments on their private properties and that they they are the legal and undisputed owners of the property after lawful purchase from the original owners.
[Full article in: Daily Nation, by Brian Ocharo]
