By VICTORIA GREEN | October 6th 2016On Friday 7
On Friday 7th October 2016, the Parliamentary Lands and Housing Committee will hold a public hearing at Naka Primary School as part of its’ fact-finding mission to help determine the ownership of the Naka Primary School Land. The hearing is open to the general public.
The decision by the Committee to intervene comes after the submission of a petition urging the Committee to investigate and terminate the fraudulently acquired title, currently in possession of Ense Limited, at the August House by Nakuru Town East MP, David Gikaria.
Hon. Gikaria is among the five Human Rights Defenders persecuted in court for his support of the school, and advocacy against the grabbing of the land.
The land was first fraudulently acquired by Hyrax Limited, then illegally sold to Pyboard Housing Cooperative Society Ltd. The corrupt dealings which resulted in the sale of public land, was sanctioned by the courts in 2008 when presiding Judge Kimaru ruled in favor of Pyboard Ltd on technical grounds – that the Commissioner of Lands was not enjoined in the case, despite the fact that it was the same Judge that denied the petition to have the Commissioner of Lands enjoined in the first place, a clear miscarriage of justice.
Soon after an appeal was submitted, and without reason, the Municipal Council withdrew the appeal. Immediately after, Pyboard Ltd sold the parcel of Land to Ense Limited.
Among the members of the Committee of the Municipal Council that voted to withdraw the appeal in court was Former Mayor of Nakuru, Muhammed Surraw,. One of the directors of Ense Limited is Ibrahim Surraw. This should have been highlighted as a clear conflict of interest.
We therefore ask the Committee to
- Invite the Former Mayor of Nakuru, Mohammad Surraw and Judge Kimaru to appear before the Committee and help shed light on the ownership of Naka Primary School land.
- Find and hold according to Kenyan law, that the land was set aside for public utility, and as such is public land – any sale of public land is illegal and fraudulent.
- Demand that the corrupt individuals who grabbed Naka Primary School land be held accountable in a court of law
Naka Primary School
Chronology of Events
1985 – Nakuru Development Company Ltd, the then owners of the parcel of land, sought consent from the Nakuru Municipal Council to subdivide the land. Subdivisions were approved in November 1985 with the condition that some plots were to be set aside for Special Public Utility; the land in question was set aside for construction of a Public Primary School. Approval was communicated to the Commissioner of Lands as required by law for final approval
1985 – The Commissioner of Lands gave the final approval for the subdivision of the land based on the plans submitted by the Municipal Council
1985-1999 – The Municipal Council waited for the community in the estate to grow in number, in order to warrant the construction of the planned school
November 1998 – Pyboard Housing Cooperative Society Ltd is given a certificate of lease for the said parcel of land dated 24th November 1998, witnessed by the Nakuru District Land Registrar
June 1999 – The Nakuru Municipal Council realized that enough people had settled in the estate, and began the construction of a Primary School. Soon after, the Municipal Council is served with restraining orders, ordering the council not to continue with the planned construction. The restraining orders claimed that the land was transferred to the private company, Hyrax Developers Ltd, in 1998. The land was subsequently sold to Pyboard Housing Cooperative Society Ltd. The sale agreement clearly indicates that the property was set aside for the use of a public utility. It is illegal for property set aside for public utility purposes to be sold to a private individual. The sale agreement clearly indicated that this was the case for Naka Primary School land.
August 1999 – A land search is conducted at the Nairobi Lands Registry. It is found that there was no allotment of a certificate of lease issued in respect of the land, and that the property was still listed as public utility land
1999 – Civil Case No. 348 of 1999, Pyboard Housing Cooperative Society Ltd. Vs. Municipal Council of Nakuru. Judgement given in 2008.
January 2008- The findings of the 1999 case delivered. The court found that it was “apparent that the said Hyrax Developers Ltd manipulated the land allocation system”. However, as “it was the Commissioner of Lands who allocated the suit land to the said Hyrax Developers Ltd… then it is the Commissioner of Lands who would be answerable.” The Judges’ decision was based on the fact that the Commissioner of Lands was not enjoined in the case – Earlier in the case, the defendant, Municipal Council, had submitted a petition requesting for the Commissioner of Lands to be enjoined. This petition was however denied by the same Judge
2010 – Appeal submitted by the Municipal Council of Nakuru is secretly withdrawn. And the land in question is sold to Ense Limited in November 2010.
November 2015 – Naka Residents Association, with support from the ShuleYangu Alliance, submits an official complaint of title to the National Lands Commission (NLC). After review, the NLC revoked the title of Ense Limited, declaring that the land in question was set aside for public utility, and as a result, was not subject for sale or disposal thereof
May 2016 – Without prior notice, Naka Primary School hears rumors that the NLC has repealed its earlier decision to revoke the illegal title. With help from the ShuleYangu Alliance, Naka Head teacher meets with the NLC and is officially told the same. A letter of notice is after this meeting, send to Naka Primary School.