• The parcel of land in question is situated along Abdel Nasser Road in Mombasa
• Innovative Property Ltd successfully defended its acquisition from Municipal Council
Image: CHARLES MGHENYI
Mombasa Governor Abdulswamad Nassir has declared that he will not yield to any pressure to reinstate a county-owned prime parcel of land to a private investor.
This is after the court ruled in favour of Innovative Properties Limited, which leased the land from the defunct Municipal Council, but the county defied orders to vacate it.
Despite a warrant of arrest issued against him for contempt of court, Nassir said he will not be cowed and will continue protecting the land, which was formerly held by the now-defunct municipal council.
On Wednesday, Mombasa High Court judge Lucas Naikuni issued a warrant of arrest against Nassir, county attorney Jimmy Waliaula and Lands executive Mohammed Mohamed for failing to honour court summonses.
However, on Wednesday evening, Nassir said that as much as they will obey the courts, they will not be compelled to surrender the suit property.
In a statement to newsrooms, Nassir said Mombasa has historically grappled with land grabbing, particularly of public land.
“Not due to the failure of the administration, but due to the corruption and intimidation that are prevalent,” he said.
“This robs the residents of Mombasa of the benefits of public land use for recreational or public utility purposes.”
He said fighting for public land will require hard and unpopular measures.
“Therefore, it is expected that those profiting from fraudulently acquired land will fight back,” Nassir said.
“Nonetheless, the county government shall not bend to pressures to restore a status quo that equally robs from the people an oath that I took to serve and protect.”
CASE HISTORY
According to court documents in possession of the Star, Innovative Properties Limited successfully challenged the decision by the national government to amalgamate their property, Mombasa/Block XVII/1469, with that of the county government, Mombasa/Block XVII/1717.
The parcel of land in question, measuring 0.241 hectares (about half- an acre), is situated along Abdel Nasser Road in Mombasa. It neighbours Sharriff Nassir Girls’ Secondary School.
Innovative Property Limited was granted a 99-year-old lease by the defunct Mombasa Municipal Council. The petitioner said they acquired the certificate of lease of the property dated December 24, 2014.
However, a year later, as the petitioner was forcing the county government to vacate the property, they were informed a new title deed had been issued by the national government to Mombasa county.
The new title deed subsumed their property with the larger neighbouring property of Sharriff Nassir Girls’ Secondary School and resulted in a new property, Mombasa/Block XVII/1717.
In 2019, Innovative went to court to challenge the decision.
Innovative Properties Limited sued the National Land Commission, Chief Land Registrar, Director of Survey, Attorney General and County Government of Mombasa.
In January 2021, the Land and Environment Court in Mombasa issued a judgment in favour of Innovative Properties Limited, saying the court was satisfied that they had proved a case against the respondents.
The court revoked the Registry Index Map file that created the new title deed and ordered the county government to vacate the land, and not to assign its employees or officers to occupy the suit property.
A declaration was made that the amalgamation and alienation of the petitioners’ property, Mombasa/Block XVII/1469, as part of Mombasa/Block XVII/1717, was illegal, unconstitutional, null and void and of no legal force.
An order was also issued revoking the Certificate of Lease issued to the Mombasa county government.
The National Land Commission, Chief Land Registrar and Director of Survey were ordered to rectify the Registry Index Map to reinstate the property Mombasa/Block XVII/1469 into the official map.
However, despite the judgement delivered on January 27, 2021, the respondents deliberately and adamantly refused, failed and neglected to honour the decree, said the petitioner.
On March 17 this year, Mombasa High Court Judge Naikuni ordered Governor Nassir, Hussein, and Waliaula to appear in court on April 24 to show cause why they should not be committed to civil jail for a six-month period for disobeying a court order.
However, the trio again failed to appear before the court.
Naikuni issued a warrant of arrest against the governor and his officials for contempt of court.
However, he suspended the warrant of arrest until May 10 after it emerged that the county government had scheduled a meeting with Innovative Properties Limited on May 2.
Naikuni said the court should be notified about the meeting on May 6.
"You can have a meeting on May 2, 2024, and inform the court of its progress on May 6, 2024, and if there is no compliance, the warrants of arrest will be effected on May 10, 2024," Justice Naikuni said.