Mandera Governor among private developers blocked from dealing with Parklands public land

The Environment and Land Court in Milimani, Nairobi, has upheld preservation orders stopping private developers from dealing with public land in the Parklands area as investigations into suspected illegal acquisition continue.

Justice Teresa Murigi ruled on Thursday that the orders issued on February 2 will remain in force until investigations by the Ethics and Anti-Corruption Commission (EACC) are completed.

The orders restrain Hanosa Developers Ltd, Leah Bosibori, Alloys M. Maore and Mohamed Adan Khalif, the governor of Mandera County, who is listed as the fourth respondent, together with their agents, from selling, transferring or in any way dealing with land parcels known as L.R. Nos. 209/12670, 209/12671, 209/12672 and 209/12673.

According to the EACC, parcels L.R. Nos. 209/12670, 209/12671 and 209/12672 had been reserved for the development of a social hall.

The fourth parcel, L.R. No. 209/12673, allegedly associated with the Mandera governor, borders and partly encroaches on land belonging to North Highridge Primary School.

The commission told the court that the parcels measure approximately 0.6288 hectares, about 1.55 acres. It moved to court under a certificate of urgency on January 26, seeking preservation orders for six months to safeguard the land while investigations into the alleged unlawful alienation of public property are completed.

The court initially granted the orders on February 2 and set the matter for an inter partes hearing on March 5. In February, the High Court in Nairobi froze the Parklands property linked to the governor by issuing preservation orders barring any dealings on the contested parcel of land.

Investigations indicate that the land had been reserved for public use as early as 1969 by the former Nairobi City Council.

During Thursday’s proceedings, the court allowed an oral application by a proposed fifth respondent seeking to be enjoined in the case. However, applications by the fourth and fifth respondents seeking to set aside the preservation orders were dismissed.

The orders will therefore remain in force pending completion of the EACC investigations. The commission has indicated it may pursue further legal proceedings aimed at recovering the property and restoring it to public use.