A Community school Mombasa County is fighting through National Land Commission to repossess its land which was grabbed by unscrupulous land grabbers 20 years ago.
On Tuesday, at Kenya School of Government, the National Land Commission (NLC) alternative dispute resolution technical team continued to receive submissions over the disputed Nyali primary school land row.
The commission led by Vice Chair Getrude Nguku is back in the region for five days to conduct inquiries and investigations into disputed parcels of land in Mombasa and Kwale.
The sessions are being held at the Kenya School of Government in Mombasa.
NLC constituted an alternative dispute resolution technical team, which processed various claims from the national government, counties, public institutions and members of the public.
The parcel of land measuring 14.7 acres, which reportedly belongs to Nyali Primary School, had been set aside to build a secondary school.
The institution said that the parcel of land, registered as LR. No MN/1/6542, was illegally subdivided and allocated to unknown individuals and companies.
The school management wants the land returned to them, saying that some individuals and companies have occupied three acres of the land.
In a letter dated May 24, 2018, Nyali Primary School requested NLC to investigate the illegal alienation of the land that they said had been illegally subdivided and allocated to unknown individuals without their consent or notice.
The School through its legal representative Moses Waweru, made submissions to the committee saying that the individuals and companies behind the illegal occupation of the land had derailed their plans to construct a secondary school.
Waweru submitted to the committee an allotment letter issued in 1982 also confirming that the school had paid Sh4,772 on December 21 of the same year confirming they had accepted all the conditions of the allotment letter.
“We were issued with the secondary school survey plan on July 13, 1990, the school (Nyali Primary) was then granted special conditions for the construction of a secondary school and a deed plan was issued in May 1995,” said Waweru.
He argued that the school was legally allocated the parcel of land and followed due process urging the commission to investigate and determine how the ‘intruders’ managed to access the land.
Waweru also argued why the land was further surveyed despite there being a restriction put by the commission as was seen in a letter dated May 20,2020 addressed to the District Lands Registrar signed by the director legal affairs.
“The commission needs to determine if the school followed due process to acquire the land, we also need to know how these people acquired the plots, did the commission sanction the process?” he asked.
High Court judge Said Juma Chitembwe is among 47 individuals and companies listed in the disputed prime land.
Through his lawyer Augustus Wafula, Chitembwe argued that he legally acquired his parcel of land plot no MN/1/11277 from Idris Mohamed in 2004 and has occupied the property since then extensively developing it.
“My client is an innocent purchaser for value without notice, he is the third owner of the land and has got nothing to do with what happened in the past. If Nyali Primary have an issue against my client, let them file a case in court to enable my client to respond,” said, Wafula.
The matter will be heard again on Thursday afternoon with final submissions expected on Friday morning before the commission gives its recommendations and way forward.
The hearings began last year with the commission issuing sermons to all mentioned parties to appear before it.