High Court judge Said Juma Chitembwe is among 47 individuals and companies listed in a disputed prime land in Nyali, Mombasa.
The 14.7 acres, which reportedly belong to Nyali Primary School, had been set aside to build a secondary school.
The institution said that parcel of land, registered as LR. No MN/1/6542, was illegally subdivided and allocated to unknown individuals and companies.
The National Land Commission, led by vice chairperson Getrude Nguku, on Tuesday received submissions from individuals and companies claiming ownership of the land.
NLC is in the region for five days to conduct inquiries and investigations into disputed parcels of land in Mombasa, Kwale and Kilifi counties. 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.
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.
Justice Chitembwe, who was represented by his lawyer Augustus Wafula, said on Tuesday that NLC has no jurisdiction to hear a dispute between two private individuals contesting ownership of the land.
The lawyer argued that if there is any dispute, which his client is yet to formally receive, then the matter should be heard in court.
“Madam chair, my client wishes to state clearly that the commission has no jurisdiction to hear any dispute between individuals contesting a parcel of land. My client further states that if there is any matter, then it should follow the court process,” Wafula said.
In his submissions, the lawyer said that Justice Chitembwe legally acquired the parcel of land plot no MN/1/11277 from one Idris Mohamed in 2004. He has occupied the property since then and has extensively developed it.
The school management wants the land returned to them, saying that some individuals and companies have occupied three acres of the land.
The management said this has derailed their plans to build a secondary school.
The school management, which was represented by chairman John Mwangi, presented before the commission papers to prove that a title deed was presented to them in 1982.
“The entire land measures 14.73 acres. The government allocated two acres to the Ministry of Water and the rest was given to the school for the construction of a high school,” he said.
Mwangi said in 1997 the subdivision of the land began and by 2012, new occupiers had started to develop part of it.
The trustees of Mombasa Parents Club said all those claiming to have title deeds for their land acquired them illegally.
Another person mentioned in the disputed parcel of land is Said Omar Athman.
Former Lamu Governor Issa Timamy, who appeared before the commission as the legal counsel for Athman, argued that the school had failed to present a receipt of allotment, 30 days after being issued with an allotment letter back in 1982.
“The law stipulates that you have 30 days to pay and receive your receipt once issued with an allotment letter, failing which it will imply that you have no interest in the land, and the government can allocate it to someone else,” he argued.
He said the school exhibited laxity on its part to pay the allotment fees and as such should not affect his client, whom the commission should consider as a bona fide owner of the land he acquired.
Representing Marakkech Village Limited, Ogando Hafidh, an advocate working for A A Said Company and Advocates, said the company legally acquired and had already developed plots no MN/1/10074 and MN/1/10075 constructing 50 units, which had all been sold off to different individuals.
In the submissions, the commission heard that all the parties mentioned failed to present minutes to support the allotment of their parcels of land.
All parties were required to present a letter of offer or allotment, receipts of payment for allocation, registry index map, survey plan, deed plans, green card status, title deeds or lease certificates, official search and any other document to prove ownership.
NLC is expected to have the next sitting concerning the Nyali Primary School land dispute on January 18 next year, where they will give recommendations and a way forward.
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