Royal Media Services owner SK Macharia and former Lands PS Joseph Kibe have opposed NLC’s bid to hear a dispute over land claimed by President Uhuru Kenyatta’s cousin.
The 100-acre parcel is in Kiambu off the Nairobi-Kiambu road. Sceneries Limited owned it but later sold it in July 1997 to the Kenya Reinsurance Corporation.
Macharia and Kibe have been shareholders and directors of Sceneries Limited for the past 21 years.
Ngengi Muigai, in a complaint lodged with the National Land Commission, says he is a director and shareholder of the firm and is entitled to 25 per cent in the land and all benefits and profits accruing from it.
Macharia and Kibe alleged that in 1987, they bought the parcel from Mama Ngina Kenyatta. They sold it to the Kenya Re-Insurance Corporation for Sh550 million, but after the sale, Muigai claimed to have had an interest in the property, they say.
Sometime in late 2015, Muigai instituted proceedings against Sceneries Limited, seeking a review of grants.
But in a petition filed on Friday, Sceneries Limited says the National Land Commission is set to review grants in respect of the property, which was previously an asset of the company.
Macharia and Kibe want the court to quash the decision of the NLC contained in its ruling delivered on October 18. The ruling requires it to conduct a hearing, review or action over the land.
Macharia and Kibe filed an objection before the commission, saying it lacked jurisdiction to entertain the Muigai’s complaint as its initial mandate to undertake a review of grants expired and has not been renewed.
“We were invited to make representations and respond to complaints before the NLC lodged by Muigai,” they say.
They said the complaint lodged by Muigai is of a commercial nature and concerns his shareholding in Sceneries Ltd and only the High Court can hear such disputes.
But the commission said it is not keen on pursuing commercial disputes, its concern only being the validity and legality of the titles of the property.
According to court documents, it already invited parties to appear before it on November 15 for a mention of the case.
Macharia and Kibe argue that the decision is procedurally unfair, unlawful and unconstitutional because a commission that lacks jurisdiction made it.
They want the court to stop the proceedings to be undertaken by the NLC.
"The commission’s mandate to review grants and dispositions ended on May 2, 2017, and has not been renewed by Parliament as required under Section 14( 9 ) of the National Land Commission Act. It lacks jurisdiction,"
they say.
On February 23 last year, Justice John Mativo directed the commission to immediately, and not later than 60 days from the date of his order, make rules so it could carry out its functions properly.
Eight months later, the commission published the purported NLC (Review of Grants and Dispositions of Public Land) Regulations, 2017 after the order — five months after the expiry of the commission’s mandate to review grants.
"The commission failed to comply with the order of the judgement,"
Macharia and Kibe said.