Businessman Francis Mburu is now demanding over Sh36 billion from the government for failing to protect him from illegal encroachers and for forcibly taking over his land in Ruaraka.
In the suit filed at the High Court, Mr Mburu said Sh23 billion is the current value of his land and a further Sh13 billion arises from loss of rental income and accrued interest.
The businessman maintained that Afrison Export Import Limited, Huelands Limited are the registered proprietors as tenants of the controversial land and that he was being used as a scapegoat and cover-up for illegalities and unconstitutional actions of the Nairobi County Government and the National Land Commission.
“..Whereas the respondents have the accurate records of the suit property, they have actively been publishing untrue and misleading information that affects my integrity,” says Mburu.
The tycoon claims that the Nairobi city county (NCC) has since illegally taken over his property and several persons have commenced the process of construction of buildings following what he understands to be allotment of his property.
“NCC saw in my properties an opportunity to receive premiums, rents and rates not withstanding that it had not compulsorily acquired the same and paid compensation to me,” read part of the court documents.
He says the rich private developers who have been unlawfully allocated portions of the land have erected high-rise commercial and residential buildings, with the state connecting and supplying them with water, electricity sewerage and other amenities.
He has also accused the state of taking up the task of maintaining the roads in the said estate and providing public lighting on the said streets in a bid to further impede his land.
Mr Mburu says the private developers have been issued letters of allotment by NCC and there is a continued transfer in respect of the said allotments from persons initially granted the letters of allotment to third parties authorized by NCC.
“NCC is actively disposing off and illegally offering the suit property to private developers which greatly prejudices me. The County has been assuming not only ownership but has also demanded rates and land rents over the property which they have been in occupation from inception,” says Mburu.
He said both the national and county government have illegally invaded his land and carried out an unlawful survey on part of my property.
In June, Justices Elijah Obaga, Benard Eboso and Kossy Bor castigated NLC for sanctioning the payment of Sh1.5 billion made by the Ministry of Education to the businessman, saying it was irregular, as the land in which two public schools stand, belongs to the government.
“It is therefore our finding that the two schools sit on public land. It is our further finding that the land on which the two schools sit could not be subject to compulsory acquisition,” the Judges said.
Mr Mburu has since appealed against the decision.
