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| Veteran politician Kenneth Matiba. PHOTO | FILE | NATION MEDIA GROUP |
South Coast residents embroiled in a legal tussle over the ownership of land where Alliance hotels owned by the late veteran politician Kenneth Matiba stands have insisted they are the registered owners. Through an affidavit filed by Suleiman Omar Chala, they argue that it’s their ancestral land.
Alliance Hotels Ltd and Alliance Nominees Ltd have gone to court challenging a decision by the National Land Commission (NLC) to revoke titles to three parcels of land.
LAND RECORDS
They have also sued Registrar of Lands, Kwale, and eight residents: Mohamed Suleiman Shee, Bakari Omar Chala, Suleiman Omar Chala, Ayub Omar Chala, Hamisi Ayub Mwanjiti, Abdalla Mbaruk Mwaropia, Rehema Suleiman Hassan and Mwanaisha Ali Kheri.
“We were born and bred here. Our burial sites are located on this land,” Mr Chala stated.
Mr Chala said the land was adjudicated in 1974 and when the titles were issued, they leant that they had been registered in the names of former Cabinet Minister Robert Matano and a former police officer Judah Mwoka.
He said they submitted their complaints to NLC and asked it to review the legality of the grants to the land.
“After the commission heard the parties, it undertook investigations and reviewed the documents at the land records and prepared a report,” said Mr Chala.
Mr Chala said NLC made a decision that the titles to the land reflecting Alliance Hotels Ltd be revoked because of fraud, and the land be reverted to residents.
CANCEL TITLES
According to Alliance Hotels Ltd and Alliance Nominees Ltd, by way of communication from NLC, they were advised that pursuant to a hearing held on December 14 2016, the lands agency made a determination that they had acquired the properties illegally.
They argue that NLC ordered the cancellation of their titles to the properties, which were directed to the Kwale Registrar of Lands, with eight residents being the ultimate beneficiaries of the titles to be issued.
“The petitioners are surprised by this turn of events especially noting that they were never served with notices or in any way involved in the hearings conducted by the NLC despite the proceedings touching on properties registered to them,” part of the suit document states.
Alliance Hotels Ltd and Alliance Nominees Ltd argue that proceedings undertaken by NLC together with subsequent revocation of their titles to the land was unconstitutional and illegal.
The two companies claim that the respondents’ actions are not only illegally interfering with their possession of the properties but also their legal rights to access them.
ORDERS SOUGHT
The petitioners also argue that the situation has been worsened by NLC’s refusal to verify whether it indeed issued the orders for revocation of the titles.
The two companies are seeking among other orders a declaration that all titles issued to the residents are invalid and stand revoked by court.
Currently, there are temporary orders stopping any physical activities on the land.
Justice Anne Omollo has directed parties to abide by the orders and file their documents in support of their case within the next 30 days.
The case has been listed for pre-trial directions on November 28.