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LR 7879/4 - The Movie
Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Quote:Justice Alfred Mabeya of the High Court ruled that the land rightfully belonged to Afrison Export & Import Ltd and Huelands Ltd and ordered that the owners be compensated Sh4,086,633,330.
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Also the land has never been subdivided. When one subdivides land, he or she surrenders the mother title and new titles are issued for the new plots. This never happened. So the govt can't claim that the land was subdivided and it was given 10% to build schools because no subdivision has ever taken place.
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Rank: Veteran Joined: 11/13/2015 Posts: 1,658
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murchr wrote:kaka2za wrote:Could someone explain to those of us with simple minds how the land ownership was transferred from the Official receiver to Mr Mburu? That's where it's all murky. The commissioner of lands clearly stated these properties were liquidated with KPTC making payments for the land. The 2012 ruling could reveal more I will peruse the Kenya Law Reports to read it later Pure Thuggery how the plot changed to LR No.7879/24 containing 37.4 acres yet the land was not sub-divided.... Below find the link to Mabeya's ruling http://kenyalaw.org/caselaw/cases/view/87075
Even thuggery requires a little intelligence 
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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wukan wrote:murchr wrote:kaka2za wrote:Could someone explain to those of us with simple minds how the land ownership was transferred from the Official receiver to Mr Mburu? That's where it's all murky. The commissioner of lands clearly stated these properties were liquidated with KPTC making payments for the land. The 2012 ruling could reveal more I will peruse the Kenya Law Reports to read it later Pure Thuggery how the plot changed to LR No.7879/24 containing 37.4 acres yet the land was not sub-divided.... Below find the link to Mabeya's ruling http://kenyalaw.org/caselaw/cases/view/87075
Even thuggery requires a little intelligence The ruling concerns the houses. That was sorted a long time ago. The issue at hand is the schools and compensation for the 13.7 acres. Don't mix issues. Awinjo?
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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hardwood wrote:wukan wrote:murchr wrote:kaka2za wrote:Could someone explain to those of us with simple minds how the land ownership was transferred from the Official receiver to Mr Mburu? That's where it's all murky. The commissioner of lands clearly stated these properties were liquidated with KPTC making payments for the land. The 2012 ruling could reveal more I will peruse the Kenya Law Reports to read it later Pure Thuggery how the plot changed to LR No.7879/24 containing 37.4 acres yet the land was not sub-divided.... Below find the link to Mabeya's ruling http://kenyalaw.org/caselaw/cases/view/87075
Even thuggery requires a little intelligence The ruling concerns the houses. That was sorted a long time ago. The issue at hand is the schools and compensation for the 13.7 acres. Don't mix issues. Awinjo? At no time did Mburu subdivide the 13.7 acres. It was all one parcel of 96 acres. If he subdivided it, show us that documentation. "There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
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Rank: Veteran Joined: 11/13/2015 Posts: 1,658
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hardwood wrote:wukan wrote:murchr wrote:kaka2za wrote:Could someone explain to those of us with simple minds how the land ownership was transferred from the Official receiver to Mr Mburu? That's where it's all murky. The commissioner of lands clearly stated these properties were liquidated with KPTC making payments for the land. The 2012 ruling could reveal more I will peruse the Kenya Law Reports to read it later Pure Thuggery how the plot changed to LR No.7879/24 containing 37.4 acres yet the land was not sub-divided.... Below find the link to Mabeya's ruling http://kenyalaw.org/caselaw/cases/view/87075
Even thuggery requires a little intelligence The ruling concerns the houses. That was sorted a long time ago. The issue at hand is the schools and compensation for the 13.7 acres. Don't mix issues. Awinjo? Awinjo danganya toto jinga....mixing issues is how this thuggery was done. Your buddy Mburu said the following when seeking anticipatory bail Quote:The application was supported by affidavits sworn by the 1st and 4th Applicants. The 1st Applicant deponed that he was a shareholder and director of Afrison Export Limited and Hueland Limited which on 24th September, 2014 filed suit number HCCC 617 of 2012 against the office of the Attorney General pursuant to loss of portions of the property known as L.R. 7879/4 to the State. That by a judgment delivered on 12th February, 2013 the court awarded the companies Kshs. 4,086,683,330/- as compensation for the claim plus costs. However, on 18th March, 2013 after a meeting with the Attorney General a settlement fee of Kshs. 2,400,000,000/- was agreed upon and a consent recorded on 8th April, 2013. Quote:He swore that the 2nd Respondent started investigations into allegations that the Applicants, as directors of Afrison Import Export Limited and Hueland Limited, in collusion with officials from the National Land Commission(NLC) and other public officials fraudulently awarded compensation in the sum of Kshs.3,269,040,600/- as compensation for the compulsory acquisition of a portion of land reference L.R. No. 7879/4, a portion of land that had previously been surrendered to the public and belonging to Ruaraka High School and Drive-In Primary School. That the preliminary investigations had revealed that the said parcel of land was divided in 1983, upon application by the owners, on the condition that they surrender a part of the land in question to the Government free of charge for use as public utilities.
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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wukan wrote:hardwood wrote:wukan wrote:murchr wrote:kaka2za wrote:Could someone explain to those of us with simple minds how the land ownership was transferred from the Official receiver to Mr Mburu? That's where it's all murky. The commissioner of lands clearly stated these properties were liquidated with KPTC making payments for the land. The 2012 ruling could reveal more I will peruse the Kenya Law Reports to read it later Pure Thuggery how the plot changed to LR No.7879/24 containing 37.4 acres yet the land was not sub-divided.... Below find the link to Mabeya's ruling http://kenyalaw.org/caselaw/cases/view/87075
Even thuggery requires a little intelligence The ruling concerns the houses. That was sorted a long time ago. The issue at hand is the schools and compensation for the 13.7 acres. Don't mix issues. Awinjo? Awinjo danganya toto jinga....mixing issues is how this thuggery was done. Your buddy Mburu said the following when seeking anticipatory bail Quote:The application was supported by affidavits sworn by the 1st and 4th Applicants. The 1st Applicant deponed that he was a shareholder and director of Afrison Export Limited and Hueland Limited which on 24th September, 2014 filed suit number HCCC 617 of 2012 against the office of the Attorney General pursuant to loss of portions of the property known as L.R. 7879/4 to the State. That by a judgment delivered on 12th February, 2013 the court awarded the companies Kshs. 4,086,683,330/- as compensation for the claim plus costs. However, on 18th March, 2013 after a meeting with the Attorney General a settlement fee of Kshs. 2,400,000,000/- was agreed upon and a consent recorded on 8th April, 2013. Quote:He swore that the 2nd Respondent started investigations into allegations that the Applicants, as directors of Afrison Import Export Limited and Hueland Limited, in collusion with officials from the National Land Commission(NLC) and other public officials fraudulently awarded compensation in the sum of Kshs.3,269,040,600/- as compensation for the compulsory acquisition of a portion of land reference L.R. No. 7879/4, a portion of land that had previously been surrendered to the public and belonging to Ruaraka High School and Drive-In Primary School. That the preliminary investigations had revealed that the said parcel of land was divided in 1983, upon application by the owners, on the condition that they surrender a part of the land in question to the Government free of charge for use as public utilities. The heart of the matter lies here: 10% of 96 acres = 9.6 acres NOT 13.7 acres that was "grabbed" by govt.
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Rank: Elder Joined: 11/5/2010 Posts: 2,459
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hardwood wrote:Also the land has never been subdivided. When one subdivides land, he or she surrenders the mother title and new titles are issued for the new plots. This never happened. So the govt can't claim that the land was subdivided and it was given 10% to build schools because no subdivision has ever taken place. Now @hardwood, lets ignore the school land for now. Mburu has been paid by KURA not once but thrice for land that he had already sold. Same crook filed a case against government over the chief's camp claiming they were sitting illegaly on his 4 acres. Actual situation on the ground is eighth of an acre. Why do you want us to believe that on the sub-division issue, Mburu is now telling the truth ? Justice Mabeya was taken care of by Brian Yongo. Its shocking the JSC hasn't taken interest in pursuing the matter further.
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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FRM2011 wrote:hardwood wrote:Also the land has never been subdivided. When one subdivides land, he or she surrenders the mother title and new titles are issued for the new plots. This never happened. So the govt can't claim that the land was subdivided and it was given 10% to build schools because no subdivision has ever taken place. Now @hardwood, lets ignore the school land for now. Mburu has been paid by KURA not once but thrice for land that he had already sold. Same crook filed a case against government over the chief's camp claiming they were sitting illegaly on his 4 acres. Actual situation on the ground is eighth of an acre.Why do you want us to believe that on the sub-division issue, Mburu is now telling the truth ? Justice Mabeya was taken care of by Brian Yongo. Its shocking the JSC hasn't taken interest in pursuing the matter further. Just because my 5 bdrm storied house's footprint on my plot is 300m2 doesn't mean my plot as per the title deed is 300m2. The plot is much bigger than area occupied by the house. Infact the plot as per the title deed is nearly 10 times bigger, actually 2024m2 (half acre). It's the same case with the chiefs office. Just because the chiefs office and choo occupy 1/8 acre doesn't mean that the chief doesnt use the surrounding 4 acres for govt business eg to hold barazas, park govt vehicles, huduma centre, recruitment for armed forces, polio vaccinations, harambees, govt tree nursery etc etc. Also how do you expect the chief, being the representative of the president on the ground, to read the president's speech to ruaraka residents on jamhuri day on a 1/8 plot? Can all those thousands in ruaraka and mathare north fit on an 1/8 plot? Infact the govt should acquire more of the land, now that it is available, for future planning and development.
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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FRM2011 wrote:hardwood wrote:Also the land has never been subdivided. When one subdivides land, he or she surrenders the mother title and new titles are issued for the new plots. This never happened. So the govt can't claim that the land was subdivided and it was given 10% to build schools because no subdivision has ever taken place. Now @hardwood, lets ignore the school land for now. Mburu has been paid by KURA not once but thrice for land that he had already sold. Same crook filed a case against government over the chief's camp claiming they were sitting illegaly on his 4 acres. Actual situation on the ground is eighth of an acre. Why do you want us to believe that on the sub-division issue, Mburu is now telling the truth ? Justice Mabeya was taken care of by Brian Yongo. Its shocking the JSC hasn't taken interest in pursuing the matter further. He only sold those houses that are behind Barclays bank not the whole land i.e occupying 17.8 acres out of 96 acres. Otherwise that land fronting outering rd is still his and that is why he was compensated. Outering road was curved out of his land and then has been expanded twice taking more of his land. That is why he was paid thrice because on all occasions the govt took his land.
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