The Environment and Land Court in Milimani, Nairobi, has upheld preservation orders stopping several private developers from dealing with public land in the Parklands area while investigations into suspected illegal acquisition continue.
Justice Teresa Murigi of the Environment and Land Court ruled on Thursday that the orders issued on February 2 will remain in force until investigations by the Ethics and Anti-Corruption Commission (EACC) are completed.
The orders bar Hanosa Developers Ltd, Leah Bosibori, Alloys M. Maore, and the Governor for Mandera County, Mohamed Adan Khalif, who are listed as the 1st, 2nd, 3rd, and 4th respondents respectively, as well as their agents, from transacting or interfering with the parcels of land known as L.R. Nos. 209/12670–73. Parcels L.R. Nos. 209/12670, 209/12671, and 209/12672 were specifically earmarked for the development of a social hall, while 209/12673, which allegedly belongs to the Governor for Mandera, borders and encroaches into North Highridge Primary School.
According to the EACC, the parcels measure about 0.6288 hectares (approximately 1.55 acres). The Commission moved to court under a certificate of urgency on January 26, seeking preservation orders for six months to protect the property while it completes investigations into alleged unlawful alienation of the public land.
The court initially granted the orders on February 2 and scheduled an inter partes hearing for March 5.
Investigations by the commission indicate that the land was reserved as early as 1969 for public use by the then Nairobi City Council. During Thursday’s proceedings, the court allowed an oral application by a proposed fifth respondent seeking to be joined in the case.
However, the judge dismissed applications by the fourth and fifth respondents that sought to lift the preservation orders. As a result, the orders will remain in place pending the conclusion of the EACC’s investigations.
The commission has indicated that it may pursue further legal action, including proceedings to recover the land and return it to public use. The case will be mentioned again on March 16.
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