The National Land Commission has no powers to investigate disputes around private land ownership, High Court Judge Said Juma Chitembwe has said.
Chitembwe is among 47 individuals and companies involved in 14.7 acres land dispute with Nyali Primary School in Mombasa.
Through his lawyer, Augustus Wafula, Chitembwe argued before the NLC alternative dispute resolution committee on Monday that he legally acquired his parcel, Plot No MN/1/11277 from Idris Mohamed in 2004 and has since extensively developed it.
However, Nyali Primary Schools which made its submissions before the committee claimed some individuals invaded their land and some three acres were hived and sold off.
"My client (Chitembwe) is an innocent purchaser, he is the third owner of the land and has got nothing to do with what happened in the past," Wafula said.
The NLC team, led by vice-chair Gertrude Nguku, is back in the region for five days to conduct inquiries and investigations into disputed land in Mombasa and Kwale counties.
The sessions are being held at the Kenya School of Government in Mombasa.
Chitembwe’s lawyer argued that NLC can only investigate issues to do with allotment letters, but private land disputes can only be handled by the Environment and Land Courts.
"The issue at hand has nothing to do with allotment letters which the commission has powers to investigate, the only institution that can deal with ownership dispute is the Environment and Lands Court," he said.
He asked Nyali Primary School to move to court if they have anything against the judge.
"If Nyali primary has an issue against my client, let them file a case in court to enable my client respond," Wafula said.
The Nyali Primary School management wants the NLC to order that the grabbed part of the land be returned to the institution for the development of a secondary school.
The institution said the land registered as LR. No MN/1/6542 was illegally subdivided and allocated to some individuals and companies.
In a letter dated May 24, 2018, Nyali Primary School requested NLC to investigate the illegal alienation of the land that they said had been subdivided and allocated without their consent or notice.
The school, through its legal representative Moses Waweru, made submissions to the NLC saying the individuals and companies behind the illegal occupation of the land had derailed their plans to construct a secondary school.
Waweru submitted to the NLC an allotment letter issued to the school in 1982.
He also showed receipts of Sh4, 772 paid on December 21, 1982, confirming they had accepted all the conditions of the allotment letter.
"We were issued with the secondary school survey plan on July 13, 1990, the school (Nyali primary) was then granted special conditions for the construction of a secondary school and a deed plan was issued in May 1995," Waweru said.
He argued that the school was legally allocated the land and followed due process, urging the commission to investigate and determine how the intruders managed to access the land.
Waweru also asked why the land was further surveyed despite there being a restriction put by NLC in a letter dated May 20, 2020, that was addressed to the District Lands Registrar signed by the director of legal affairs.
"Madam chair, the commission needs to determine if the school followed due process to acquire the land. We also need to know how these people acquired the plots, did the commission sanction the process?" he posed.
NLC also received submissions from other mentioned parties in the matter.
All parties were required to present a letter of offer or allotment, receipts of payment for allocation, registry index map, survey plan, deed plans, green card status, title deeds or lease certificates, official search and any other document to prove ownership.
The matter will be heard again on Thursday with final submissions expected on Friday before the commission gives its recommendations and way forward.
