, NAIROBI, Kenya, Oct 13 – The High Court on Monday directed the officer commanding the Langata police division (OCPD) to enforce a court order barring any activity on a 134 acre piece of disputed land in Karen.
The land valued at an estimated Sh8 billion is currently the subject of a court case filed by businessman Dimitri Da Gama Rose who has accused former NSSF Managing Trustee Jos Konzolo of attempting to grab it through his company Telesource.
Da Gama Rose through his lawyer Cecil Miller sought the orders of enforcement following activity on the land over the weekend.
“My client is concerned about the invasion of the land and would like the court to intervene to ensure that orders issued last month are complied with,” Miller submitted.
He went on to present photographs of the said invasion as proof of his claim which led Justice Nyambura Gacheru to order, “OCPD Langata do ensure that the orders of September 3 are enforced and the status quo remains.”
Justice Gacheru had on September 3 directed that any development or transactions on the land be halted until the petition filed by Da Gama Rose is heard and determined.
The Ministry of Lands, through their legal representative, however, accused Da Gama Rose of engaging in “sideshows” and insisted that the matter proceed to a full hearing.
“We are not aware that the land has been invaded or any orders of this court being defied,” they submitted.
The Ministry through Deputy Chief Lands Registrar Geoffrey Swanya Birundu have identified Telesource as the registered owner of the land.
Da Gama Rose however contends that corrupt officials at the Ministry changed the ownership details and through Miller wrote to Lands Cabinet Secretary Charity Ngilu earlier in the month making this complaint.
The National Land Commission, in a letter dated May 10, 2013, also reportedly identified Da Gama Rose as the rightful owner of the property.
Da Gama Rose claims to have purchased the land through his company Muchanga Investments Limited in 1982 at Sh1.2 million from an Arnold Bradley.
Telesource on the other hand is said to have purchased the land from a John Kamau Mugo in 2005. Mugo has been enjoined in the suit and is expected to give testimony on how he acquired the land.
Da Gama Rose’s relative had to be accorded a security escort on Monday after rowdy youth attacked him calling him a foreigner and demanding that his family stay off the controversial piece of property.