Residents of Dupoto village in Embakasi have moved to court to challenge the payment they received in regards to the sale of a Sh 2.7 billion land they resided in.
The land was allegedly purchased by the Kenya Railways Corporation but the money paid was fraudulently disbursed to other people who were not part of the residents.
The court heard that after the applicants relocated, they received different amounts of money, some getting even as low as Sh 50,000.
The residents want the the court to compel Kenya Railways Corporation to provide payment details of the disputed suit property and documents that were used in processing the money.
They also want the Dupoto/Dafur Settlement Welfare Scheme, KRC, the National Lands Commission, Ministry of Lands, Johnson & Partners Advocates LLP, Sankale & Co Advocates among others to provide details and documentation of any disposal of the entire or part of the land measuring 95 hectares, the cost of sale, the mode of payment and to which bank account the purchase price was deposited.
They are also seeking the High Court tp compel the respondents to provide minutes resolving to sale and transfer of 55 hectares of the said land to KRC.
The applicants claim that the land indicated to have been sold is 55 hectares and are not aware of what happened to the rest of land.
Through lawyer Thomas Letangule, the distraught applicants further want the court to issue a permanent injunction barring the NLC and KRC from authorizing or paying any compensation to the Dupoto/Dafur Settlement Welfare Scheme or its officials until the court determines the instant petition and statement of account are provided to show how over Sh 2.7 billion was utilized.
The also want the court to issue a mandatory order compelling the respondents to promptly pay the balance due to the 187 members on account of the accusation of the suit property.
In addition, the residents also want the court to declare that the purchase and intended takeover of the suit property by Kenya Railways is unlawful.
The court heard that on 19th December 2023, the petitioners (being members of Dupoto/Dafur Settlement Welfare Scheme) were paid nominal and varying amounts of money by the Johnson & Partners Advocates LLP and Sankale & Co Advocates for the sale of their land, excised from the land known L.R. No. 2935, measuring 93 acres of land acquired by Kenya Railways Corporation.
According to court documents, the petitioners were informed by their officials and their former advocate that the expected initial amount of the purchase price for the sale of part of their land was Sh 2,750,000,000 which was released by the Kenya Railways Corporation and was to be disbursed equitably to all the members.
“Prior to the sale, the National Land Commission had acquired a portion of the land excised from the land known L.R. No. 2935 belonging to the 1 Respondent and the compensation payable to the beneficial owners is yet to be disbursed,” Letangule said.
The court heard that the petitioners were entitled to a fair compensation for the sale of their property but on the contrary they were shortchanged and their rights violated as demonstrated in the petition.
Letangule claimed that the payments received by the petitioners were unexplained, sporadic and contrary to the legitimate expectation of the Petitioners who thought there would be equity in the process of compensation and transparency in keeping with Articles 10, 35 and 47 of the Constitution of Kenya 2010.
The petitioners are apprehensive that FURTHER payments (on account of compulsory acquisition) in addition to the Sh 2, 750,000,000 may be paid anytime now by the KRC purportedly on behalf of the petitioners to the two law firms and the same may be apportioned unfairly as has already happened.
“Any further payment without the intervention of this Honourable Court will be to the detriment of the petitioners who have already been evicted from the suit property without following due process, he added.
The petitioners added that they do not have details of the acreage of their property acquired, the portion that remains and the balance due.
It is alleged that attempts to follow up were scuttled when their lawyers on record as Messrs Letangule & Co. Advocates had been illegally removed.