The government now wants the man who duped it into purchasing the disputed Ndonga farm for the settlement of the 2007-2008 post-election violence victims in Nakuru held responsible for the controversial deal.
The State, in its application dated September 23, persuaded the Environment and Lands Court to order that Mr Philip Kamau Njoroge, the man at the centre of the controversial sale of the 750-acre parcel of land in Subukia, be enjoined as a respondent in the case filed by his 10 siblings who have challenged the transaction.
FORGED DOCUMENTS
State counsel Winnie Cheruiyot in her supporting affidavit urged the court to have Mr Njoroge, who allegedly forged the power of attorney to sell the land at Sh95 million, defend himself against the claims by his siblings.
According to Ms Cheruiyot, Mr Njoroge should also be the one to bear the burden of compensating the 267 IDPs in case the court decides to revoke the purchase.
“It is in the wider interest of justice that the proposed interested party/respondent be made party to this suit so that he can come and shed light [into] the alleged forgery of the power of the attorney, which none of the parties in this suit is a party to,” said Ms Cheruiyot.
Judge Dalmas Ohungo, while ruling on the application on Tuesday, directed that Mr Njoroge be enjoined in the case and be listed as a respondent to shed light into the alleged shady transaction.
SALE CHALLENGED
In the case filed in 2011, 10 women, including nine sisters and a nephew, moved to court to challenge the sale of the land to the government for the settlement of the IDPs.
Through lawyer Steve Biko, the women sought orders to revoke the transaction, which they said lacked their consent.
The Ndonga family in its suit has accused the government of conspiring with their brother to obtain the land fraudulently and at a throw-away price.
According to them, Mr Njoroge was just the administrator of their late father’s estate had no authority to sell the land without their consent.
CONTEMPT
The sisters obtained court orders in 2013 restraining the government from owning the land and allocating it to the IDPs until the case they filed is heard and determined.
But the IDPs proceeded to settle on the farm, which saw the petitioners file contempt proceedings against the government.
The Attorney-General, the ministries for Special Programmes and Land have been listed as respondents in the case while the IDPs are interested parties.
Justice Ohungo directed that the petitioners’ lawyer to serve Mr Njoroge with the orders within seven days.
The case will resume on October 28.