• Kenya Meteorological Department putting up perimeter wall to secure lucrative property in Industrial Area
Image: FREDRICK OMONDI
Private developers who were laying claim to the Meteorological Department land in Industrial Area never showed up at the property during the arbitration of the dispute.
As such, Environment and Land Court Judge Elijah Obaga on August 3 ordered the cancellation of title deeds issued to five companies whose directors were claiming ownership of the land.
The companies are Varun Industrial Credit Limited which was claiming 15.4 acres, Hillbrow Properties Limited (9.87 acres), Pamba Properties Limited (7.33 acres), Brentwood Traders Limited (9.03 acres) and Beacon Towers Limited (11.6 acres).
Justice Obaga also barred the companies from trespassing into the property following the successful recovery process by the Ethics and Anti-Corruption Commission. The recovery process started in 2009.
Varun was incorporated on May 11, 1995, Hillbrow on November 13, 1995, Pamba January 15, 1996, Brentwood September 1, 1997 and Bacon September 10, 1997.
At incorporation of the five companies on their respective dates, there were two shareholders; Kantibhai Maganbahai Patel who held 99 shares and Harish Ashabhai Patel who held one share.
A third director in all the five companies - Pritibala Shah - is the daughter of Kantibhai Maganbahai Patel who died on December 10, 2007.
On Wednesday, the Star found a contractor on site, securing the parcel by putting up a perimeter wall.
The officer in charge of the parcel Richard Gitari told the Star that those claiming ownership have never been to the land.
“This place had secured gate and fence on it,” Gitari said.
On June 29, the court toured the 53-acre land that is valued at about Sh5 billion.
Gitari said as from 2008, however, there were attempts to survey the land by unknown people.
“We used to work in shifts and our colleagues used to inform us that they saw people trying to survey the land but were chased away on several occasions. We also had to chase them away.”
In 2013, another party forcefully gained entry into the parcel and attempted to put up godowns in two and half acres of the parcel with goons on tow.
Gitari said the land which has already been secured is very important for the Kenya Meteorological Department.
He said underground cables in the land connects to the office and have the dates on which they were installed.
“The second phase was installed in the 1980s while the first phase was done in the 1970s,” Gitari said.
He said the perimeter fence is expected to be complete in three weeks.
In the investigations, the EACC had sought the five titles that were given to the companies. The titles were handed in on December 10, 2008.
The judge said evidence showed that the land was reserved for the Kenya Meteorological Department.
On the land are two blocks of houses for the eight staff members from the Kenya Meteorological department.
The parcel which used to relay vital safety information to sea vessels and aircraft at the Industrial Area also has 14 transmission masts, underground cables originating from the masts, a transmission station and a generator room.
The court ruled that the parcel had been reserved for a particular purpose and hence it was not available for allocation.
“I therefore find that the suit property was alienated land, which could not be allocated to any other person,” Obaga ruled.
The judge said a person or company cannot have over 50 acres in occupation of a government department and claim it was an innocent investor.
According to EACC, the development plan that was used to allocate the land to the five companies was only signed by the Commissioner of Lands contrary to procedure.
There was no presidential approval obtained prior to the alienation.