NAIROBI, Kenya, Mar 5 — The Environment and Land Court in Milimani, Nairobi, has upheld preservation orders barring several private developers from transacting, developing, or otherwise dealing with parcels of public land in the Parklands area as investigations into alleged illegal acquisition continue.
Justice Teresa Murigi ruled on Thursday that the orders issued on February 2 will remain in force pending the conclusion of investigations by the Ethics and Anti-Corruption Commission (EACC).
The orders prohibit Hanosa Developers Ltd, Leah Bosibori, Alloys M. Maore, and Mohamed Adan Khalif — listed as the first, second, third, and fourth respondents respectively — together with their agents, from transacting, developing, or interfering with four parcels of land identified as L.R. Nos. 209/12670–73.
According to the EACC, the parcels measure approximately 0.6288 hectares (about 1.55 acres).
Three of the parcels — L.R. Nos. 209/12670, 209/12671, and 209/12672 — had been set aside for the development of a public social hall.
The fourth parcel, L.R. No. 209/12673 (now L.R. No. 209/21526), is alleged to belong to Governor Khalif and borders, and partially encroaches on, North Highridge Primary School.
6-month preservation
The anti-graft agency moved to court on January 26 under a certificate of urgency, seeking six-month preservation orders to safeguard the property while it investigates suspected unlawful alienation of the land.
Court records indicate that the land was reserved for public use as early as 1969 by the then Nairobi City Council.
The court initially granted the preservation orders on February 2 and scheduled an inter partes hearing for March 5.
During Thursday’s proceedings, Justice Murigi allowed an oral application by a proposed fifth respondent to be joined in the case.
However, she dismissed oral applications by the fourth and fifth respondents seeking to discharge the preservation orders.
As a result, restrictions on any transactions or development on the parcels will remain in place as the EACC continues its investigations.
The Commission has indicated it may pursue additional legal proceedings, including possible recovery of the land and its restoration to public use.
The matter will be mentioned again on March 16 to set a date for a ruling on further applications before the court.
