BY NT CORRESPONDENT.
National Land Commission has been restrained from interfering with two disputed prime properties belonging to Belgo Holdings Limited which is associated with former president Moi aide Joshua Kulei.
“There shall forthwith issue an order of injunction restraining the commission, its servants, officers and agents or any person whosoever acting on behalf of the 1st Respondent from interfering in any manner whatsoever with the Petitioner’s proprietorship of disputed land,” reads the judgment.
Justice Joseph Onguto added that the properties are private land not subject to review by the commission where he restrained the commission’s officers, servants or agents from interfering with it
Belgo Company moved to court saying that its constitutional rights and fundamental freedoms are been violated by the commission.
In the matter, Belgo Company sought damages as well as restraining orders as against the National Land Commission. The company wanted NLC be prohibited from questioning its ownership and proprietary interest in the properties known as Land Reference No. 28586 and 28587.
According to the ruling, everything and everybody was quiet until 17 November 2015 when NLC placed a notification in the local daily newspapers of its intention to review various land Grants.
Parties were then invited to a hearing to review the various Grants, including the Grants of the suit property. Belgo’s advocates, however, complained to the NLC that it was abusing its powers and acting unconstitutionally.
The hearing and review had been prompted by Kihoro Self Help Group. The Group claimed to be owners of the suit property having allegedly occupied the same since the year 1971 until 2005 when they were allegedly evicted by one Armstrong Njogu.
The Petitioner also complained that the 1st Respondent is proceeding to review private land titles without any constitutional backing and minus any complaint as the basis of the review was a complaint by the Kihoro Self Help Group but which complaint had been settled by a court of law.