Darkwood Investment Limited Lawyer Philip Nyachoti at Milimani law court when he filed a suit seeking the court to declare the acquisition, retention and detention of the land by the military illegal.
BY SAM ALFAN.
Kenya Defence Forces (KDF) has filed grounds of opposition in a Sh40 billion property dispute with a private developer.
KDF lawyer Moimbo Momanyi said, “the dint of Section 34(1)(a) of the Advocates Act, the assignment dated August 17 2009 being the basis of the alleged claim of ownership of the land in issue is a nullity and that no right of whatsoever nature can accrue from the same to the investment,”
Kenneth Kiptoo Boit, through his Darkwood Investment Limited, had sued the military for allegedly taking over his 400 hectares near Embakasi Barracks in Nairobi.
Lawyer Philip Nyachoti for Boit , wants the court to declare the acquisition, retention and detention of the land by the military illegal.
Nyachoti told the court that the military erected a perimeter wall around his land preventing him from accessing it.
Boit claim the military has assigned armed soldiers to guard the land and have prevented him from entry to the suit property.
The court heard “The defence forces have persisted to trespass on the land and are guarding it round the clock by armed guards from the department and some construction work has already started.”
Boit said the military encroached on the land in 2005 after acquiring it through an allotment from the defunct City Council of Nairobi on April 26, 2001 and after paying Sh40 million to the council and issued with a receipt.
Nyachoti said Boit bought the land in order to build residential houses, which was approved by the council.
“The applicant is well aware and justifiably apprehensive that the Department of Defence is using the State coercive power and muscles to forcibly remain on the property without compensation in utter disregard of petitioner’s rights,” the lawyer said.
Before the invasion and dispossession, there had been no prior action by the National Government or any other arm of government to compulsorily take over the land, he said.
The lawyer noted that several meetings by the military had acknowledged and recommended that the land belonging to “a private developer” (Mr Boit) be surrendered back to the developer.