SOWESAVA Group, GIDJOY Inv. and NLC land case to be consolidated

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The hearing of a land row case involving SOWESAVA Self Help Group, GIDJOY Investment Limited and the National Land Commission has been adjourned to allow consolidation of the file with another involving the same land.

The parties will appear before the High Court on 21st May for consolidation.

These parties have for been engaging each other in court battles over the ownership of the said land located in Donholm, Nairobi.

In the current matter, the self help group through it’s officials Patrobas Awino and Alexander Hoops have sued the NLC, Muhammad Swazuri and NLC Vice Chairperson Abigael Mbagaya Mukolwe over the land. Gidjoy Investment is listed as an interested party.

Gazette Notice

Through an affidavit, Patrobas the Secretary General, states that the group made a complaint with the National Land Commission and a determination dated 14th November 2016 was made in favour.
According to the SG, the said determination by NLC , their findings and recommendations were gazetted by the then chairman Mohammed Swazuri in a Kenya Gazette dated the 9th November 2018.
However, in an interesting and suspicious turn of events , and just three days before Swazuri’s term ended, Mukolwe published Gazette notice no 1551 dated 15th  February 2019 purportedly cancelling, deleting or altering the earlier Gazette notice.
The court further heard that Mukolwe has no legal power to publish a Gazette notice or make unilateral decision to publish a Gazette notice on behalf of NLC.

 

Gidjoy had achieved through judicial process several rights and protections where it was granted ownership in two Environment and lands court cases.

 

It is alleged that when GIDJOY knew about the current proceedings, it moved timously to be enjoined as it deserved an opportunity to be heard before the conserving orders were granted.

GIDJOY and the group are also parties in others cases. The company has sued NLC, Zeropoint Construction and 69 others among others.

It is alleged that SOWESAVA purports to rely on documents that were disregarded by the Chief land Registrar in their defence in the ELC case.