Former Kenya Medical Supplies Authority (Kemsa) board chairperson, Kembi Gitura, has lost his bid to reclaim land ownership in which the Nairobi Southern Bypass sits through a court battle decided on Wednesday, October
Gitura, who is now the chairperson of the Communications Authority of Kenya (CA), lost in a court battle to overturn an earlier decision made by the National Land Commission (NLC) revoking his title of prime land located in Lang’ata.
Court’s verdict established that the former Murang’a Senator had encroached into the land reserved for the transport corridor for the Embakasi – Kibera Railway line and Nairobi Southern Bypass (Trans African Highway) development.
He moved to court in seeking to have him declared legal and registered owner of the property which he purchased in 2008 from Ramji Rama & Co. Ltd.
In his court papers, he even insisted that after buying the land, he was issued with a certificate of the lease.
Justice Loice Komingoi of the Environment and Lands Court ruled that the property is public land.
“It is not in dispute that the plan that guides development in the area shows no indications of private property in that location,” stated Justice Komingoi in her ruling.
Justice Komingoi further stated that Gitura had an opportunity to argue his case through a public notice issued by the NLC prior o the revocation of the title deed in 2017.
“Gitura does not claim that he was not aware of the public hearings, rather than the notice did not accord him the opportunity to know the allegations and/or the case he was required to answer. In my view this sounds far-fetched,” the Judge ruled.
President Uhuru Kenyatta appointed Gitura to head the Communications Authority amidst investigations on financial misappropriations at Kemsa.
Gitura was the chair of the KEMSA board for close to two years, a period that was marred with allegations of graft and fraud.
The former Murang’a’s Senator loss comes even as a section of leaders allied to Deputy President William Ruto claimed that the government was mulling to demolish Weston Hotel which is located in Lang’ata.
Kenya Civil Aviation Authority (KCAA) has been in a court battle with Weston over the ownership of the land. KCAA in their arguments insists that their land belongs to them.
But the court is yet to make the final ruling on the land ownership wrangles.