- EACC and Kenya Railways Coorporation told court that the bank holds relevant information necessary for conclusive determination of issues raised in the case.
- They argued that the bank facilitated the sale of the property via transfer by chargee between Kenya Finance Investment Company Ltd and Apostle James Ng’ang’a
Image: FILE
A Lands court has allowed the participation of Kenya Finance Bank Ltd in a case in which the Ethics and Anti-Corruption Commission is seeking to reclaim the land hosting Pastor James Ng’ang’a's church located at the junction of Haille Selassie and Uhuru Highway.
In a brief ruling, Justice Mugo David Mwangi said the joinder of KFBL is necessary as it will enable the court to determine all the issues, especially after it participated in the sale of the contested property to Neno Evangelism Centre registered trustees.
"Since the plaintiffs’ case is that the suit property is public property, the intended defendant, who has admitted having facilitated the sale of the suit property by way of a transfer by chargee, may be directly affected by the decision of the court,’ the Judge said.
The anti-graft commission and Kenya Railways Coorporation (plaintiffs) had informed the court that the bank holds relevant information which will be necessary for effective and conclusive determination of the issues raised by the parties in the case.
The two argued that the bank facilitated the sale of the property by way of a transfer by chargee between Kenya Finance Investment Company Ltd and Apostle James Maina Ng’ang’a T/A Faith Broadcasting Network.
The title was the subject of a charge.
EACC and Kenya Railways Coorporation had also sought to have the listing of the Kenya Deposit Insurance Corporation (KDIC) as an interested party removed from the proceedings on grounds that it was improperly joined.
Ng’anga on the other hand in an affidavit sworn on February 16, 2024, pointed out that the transaction forming the subject matter of the suit happened way back in 2008.
"At that time, the predecessor of the 1st interested party, the Deposit Protection Fund, did not enjoy the ‘immunity’ from suits. Joinder of a party in any event is at the discretion of the court,’ he said.
But the Judge declined to have KDIC removed from the proceedings.
"The court in this matter already found the presence of the 1st interested party (KDIC) necessary to enable the court effectively and completely adjudicate upon and settle all questions involved in the suit hence the order to have it joined as an interested party. Accordingly, the prayer that it be removed from the proceedings is disallowed,’ Justice Mwangi ruled.