In a significant legal development, the Court of Appeal has dismissed an appeal by Belgo Holdings Ltd, a firm associated with former President Daniel arap Moi’s aide, Joshua Kulei.
The appeal sought to prevent the Kenya Urban Roads Authority (KURA) from constructing a link road through a 44 acre parcel of land in Nairobi’s Westlands area, valued at billions of shillings.
Belgo Holdings had filed the appeal to halt KURA’s acquisition of the land along Peponi Road, arguing that the government had not compensated the firm for the prime property.
The company claimed to have purchased the land in 1995 from Lakeview Development Ltd, another firm linked to Moi and former Cabinet Minister Nicholas Biwott.
Belgo asserted that it had not received payment from the government for the compulsory acquisition, as required by law.
However, KURA maintained that the government had acquired the land in 1975 from Jays Syndicate Ltd and compensated the original owners a year later.
The roads authority stated that plans for the link road, intended to connect Waiyaki Way to Redhill in Kiambu, were made in 1975 and that all developments along the proposed road site were cleared in 2008.
The appellate court upheld the decision of the Environment and Land Court, which had earlier declined to strike out a civil suit involving the land.
The suit pits Belgo Holdings against Lakeview Development Ltd, with the latter accusing Belgo of fraudulently obtaining the title deed after being given transfer documents before the conclusion of a sale agreement in 1995.
Lakeview contends that Belgo transferred the property to itself without completing payment, thereby sidelining the interests of Moi and Biwott.
The Court of Appeal emphasized the contentious nature of the ownership between Kulei, Moi, and Biwott, and urged for the maintenance of the status quo.
Justices Hannah Okwengu, Asike Makhandia, and Kathurima M’Inoti stated that the issues contested including whether the full amount was settled, the genuineness of the transfer, and the consent of the Land Control Board would be determined after a full hearing.
This ruling adds to a series of legal challenges involving Kulei and land acquisitions during the Moi era.
Notably, Kulei has been accused of illegally acquiring public land in Nakuru County valued at over Sh14 billion, and the Ethics and Anti-Corruption Commission has sued his firm for allegedly acquiring Sh2.5 billion worth of land at Moi International Airport in Mombasa.
The court’s decision to allow the construction of the link road through the disputed Westlands property underscores the complexities surrounding land ownership and development in Kenya, particularly involving high-profile individuals and entities.
By Newsmedia