Judiciary accused of grabbing KPC’s land

Court papers read that Kenya Pipeline was allotted the property on January 8, 1988.

The Judiciary is embroiled in a vicious war with the Kenya Pipeline Company (KPC), which accuses it of grabbing a piece of land in Industrial Area, which had been previously grabbed and repossessed.

In a bizarre twist of fate in which the giver of justice is drawn into the ring, Kenya Pipeline claims it has tried to repossess the land or seek the Judiciary’s ear in a bid to settle the dispute, in vain.

“The plaintiff (KPC) has made numerous correspondences with the first defendant (Judiciary) ending with their letter dated April 17, 2018 where the first defendant indicated that they would not engage in any further discussions on the matter, hence the necessary suit,” court papers filed by lawyer Eddie Omondi on behalf of Kenya Pipeline, read.

In the record filed before Justice Samson Okong’o, Kenya Pipeline also dragged the National Land Commission (NLC) into the fight, accusing it of allotting the Judiciary the land despite the oil marketer having allotment letters.

Mr Omondi explains that his client had made futile requests for NLC to release the title deed since it had approved the allotment letters and deed plans.

“The second defendant (NLC) went on to reflect that the suit property had been re-allocated to the first defendant. This re-allocation of the suit property was done without the revocation or cancellation of the first allotment made to the plaintiff who is the rightful owner of the suit property,” court papers read.

“Accordingly, the plaintiff’s claim against the defendants is for the revocation of the irregular allotment and subsequent title issued to the first defendant (Judiciary) and further, a reinstatement of the suit property to the plaintiff.”

Court papers read that Kenya Pipeline was allotted the property on January 8, 1988. However, on May 8, 1998, the land illegally changed hands to Kenya (RTF) Limited.

Kenya Pipeline then complained to the Lands ministry and to the Directorate of Criminal Investigations (DCI), which commenced investigations and put a caveat on the land.

This prompted RTF to move to court, arguing that it got the land at Sh3.7 million, which was paid to then-commissioner of lands in 1998.

The case, which was filed before Supreme Court judge Isaac Lenaola (then a High Court judge), reads that RTF was informed that the land it was buying was unutilised.

The Kenya Anti-Corruption Commission (KACC), which had been enjoined in the case, explained to the court that RTF was a ghost company as it had been struck off the register of companies. It also emerged that the title issued to it did not exist in the lands registry.

While dismissing RTF’s case, Justice Lenaola observed that the people who had been named as RTF directors denied having anything to do with the company or holding shares in the firm.

The title issued to RTF was revoked on April 1, 2010, but Kenya Pipeline’s woes did not end there.

It now has to battle the Judiciary in court this time round.

The judge directed that parties in the case should seek an out-of-court settlement within 60 days, saying they are both government institutions.

The case will be mentioned in February next year.