Court blocks National Land Commission from Rahimtulla building

Rahimtullah Building at Upper hill in Nairobi. Photo/PHILIP KAMAKYA
Rahimtullah Building at Upper hill in Nairobi. Photo/PHILIP KAMAKYA

The High Court yesterday stopped the lands agency from interfering with Upperhill Rahimtulla tower in Nairobi.

Justice Weldon Korir said the National Land Commission should not interfere with the multimillion-shilling property pending the determination of an ownership dispute.

The multi-storeyed commercial building houses numerous offices to organisations and has a car park.

The judge issued the orders following an application by Ismail Rahimtulla Trustees, who said the commission was planning to take way the property without following the due process.

On January 22, the commission in a paid advert announced it had received a complaint over the ownership of the property.

It ordered parties to appear before it for a review of the grant on Wednesday 27 February.

In an urgent case filed by lawyer George Oraro, Rahimtulla said the orders cannot stand since NLC has no jurisdiction over private properties.

Rahimtulla says the Kenya Railways Corporation unconditionally surrendered the land to the government, which allotted the land to other persons, who sold it.

Oraro said the complaint is without basis as it purports to lay a claim to a title whose allotment had occurred way before the transfer.

The case will be heard on February 29.

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