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Court bars firm from building on disputed land

A court has extended orders restraining a private developer from interfering with land allegedly belonging to a secondary school.

Kamukunji Secondary School Board and Senator Mike Sonko obtained the orders against Inter-Countries Importers and Exporters Limited (Iciel) over a parcel said to be used as a playground by the school.

They claim that Iciel, having been unlawfully allocated the land by the County Government, via a lease, has started excavations on the playground hence trespassing on the public land.

“The first plaintiff (BOG) said they had not leased out the land nor allowed anyone to excavate the school field,” read part of the grounds supporting the application by the school.

Being under the control of the County Government, the land, as Principal Peter Waweru said in his affidavit, was allocated to the school under a certificate of title.

Mr Waweru also said that the title was registered as having been issued by the then City Council of Nairobi. “In essence, the land was a public utility held in trust by then City Council,” said Mr Waweru adding that the property in dispute was the only school playground.

The headmaster said the County Government has, despite several pleas to issue a title to the school, failed to issue allotment documents hence the Ministry of Lands could not prepare a title deed.

The principal who is also the secretary to the BOG said in 1997, it was brought to the attention of the institution that the playground had been illegally leased to Iciel.

“We raised the issue with the area leaders who promised to follow up on the issue ensuring that we received our title,” said Mr Waweru.

Lady Justice Mary Gitumbi directed Iciel and County Hall file their responses within 14 days. The case will be heard  on April 1.