Moi joins Sh1.6bn Southern bypass land fraud case
What you need to know:
The case is still pending in court awaiting determination as to who between the company and the four traders is the bonafide owner as each has a title to the land.
During the hearing before chief magistrates Mrs Teresia Murigi top land registry officials produced documents showing the the land was registered in the names of Mohammed Koriow Nur, Simon Kiprono Laboso, Macdonald Lijoodi Makaka.
Former President Daniel arap Moi has joined a case in which two parties are claiming ownership of a Sh1.6 billion parcel of land through which a road has been constructed.
Mr Moi through lawyer Juma Kiplenge entered into the case in which four traders have opposed Tulip Properties Limited being paid Sh400,755,150 for the hiving of 2.3502 hectares for the construction of the Southern-bypass.
The traders say Tulip Properties Ltd cannot claim the money paid by National Lands Commission (NLC) and Kenya Urban Roads Authority (KURA) for the hiving of its land since the question of ownership has to be determined.
Tulip properties which has been battling over the ownership of the 6.5 hectares(16 acres) parcel of land with Messrs Mohammed Koriow Nur, Simon Kiprono Laboso, Macdonald Lijoodi Makaka and Noor Mohammed Hassan alleges that it was sold the land by Mr Moi.
Mr Moi had claimed that he was erroneously included in the case.
Also read: Moi's name to remain in Sh1.6bn land case
The case is still pending in court awaiting determination as to who between the company and the four traders is the bonafide owner as each has a title to the land.
When the case came up for hearing Tuesday before Mr Justice Samson Okong’o lawyer William Arusei representing the four traders sought time to file in court proceedings of a case in which the four traders were acquitted for the offence of forging Tulips Properties Ltd title deed to the land.
Mr Arusei told the judge that evidence led by the senior lands officials showed that Tulip Properties Limited did not own the land as it alleges.
During the hearing before chief magistrates Mrs Teresia Murigi top land registry officials produced documents showing the the land was registered in the names of Mohammed Koriow Nur, Simon Kiprono Laboso, Macdonald Lijoodi Makaka.
Lawyer Ahmednassir
Tulip is being represented in the case by lawyer George Oraro while lawyer Ahmednassir Abdullahi will team up with Mr Arusei and Donald Awang in defence for the traders,
“Let this matter proceed to full hearing so that the issues in dispute can be determined,” Mr Oraro told Justice Okong’o.
All the lawyers including state counsel representing NLC and KURA consented that the over Sh400 million should not be released to either Tulip or the traders pending determination of the case.
Justice Okong’o directed that status quo be maintained and that none of the two parties eyeing the money should be paid the sum of Sh400,755,150 in compensation for the hiving off a portion of the 6.5 hectares (about16 acres) of land valued at Sh1.6 billion pending the outcome of a ownership dispute.
The land is situated along Mombasa Road/Old Airport Road Junction within Embakasi Nairobi County.
