In Summary
  • Mr Kangwana said Mr Moi allocated the land to him on a 99-year lease in September 1992.
  • But Kari’s Kisii branch director Oscar Magenya has sworn an affidavit saying the land was set aside for public use.

Influential businessman Jared Kangwana has moved to court seeking possession of a five-acre parcel carved out of the 80-acre Kenya Agricultural Research Institute (Kari) station in Kisii municipality and ostensibly allocated to him 22 years ago by then President Daniel arap Moi.

He said Mr Moi allocated the land to him on a 99-year lease in September 1992, and the grant was registered at the Land registry the following year.

But Kari’s Kisii branch director Oscar Magenya has sworn an affidavit saying the land was set aside for public use, but some individuals, including Mr Kangwana, allegedly encroached on the property illegally.

Mr Magenya informed Justice Samson Okong’o at the hearing that the property in question featured prominently in the report of the Ndung’u Commission of inquiry into illegal/irregular allocation of public land of 2003.

Furthermore, he said, the institution had written to the Permanent Secretary in the Land ministry seeking the cancellation of Mr Kangwana’s title.

SOUGHT INJUNCTION

Mr Kangwana filed the suit on May 13 last year, seeking a permanent injunction restraining Kari from interfering with his portion of land and its subsequent development.

Kari opposed the suit and tabled documents in court to show the disputed parcel was part of the 80 acres allocated to the institution by the Kisii District Commissioner on February 20, 2001.

Kari is yet to obtain a title for the disputed land.

Mr Kangwana said he had engaged a private company, Aghen Enterprises, to fence the parcel and undertake further development, but Kari employees stopped the work.

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