Court orders Sh8 billion Karen land case to proceed

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The High Court on Wednesday dismissed an application by former NSSF managing trustee Josephat Konzolo seeking to stop a Sh8 billion Karen land  case.

Justice Elijah Obaga of the Environment and Land Court declined to grant the orders sought by Konzolo, saying his application had no merit.

The judge instead ordered the eight-year-old case to proceed to hearing on October 4 without further delay.

Konzolo, through his lawyer Stephen Gikera, had filed application seeking stay of the proceedings pending the hearing of his appeal.

Muchanga Investment Ltd, a company claiming ownership of the disputed land, opposed the application.

“This case has been pending for the last five years and needs to be disposed of expeditiously, as huge losses are being incurred daily due to non-use of the vast city land,” lawyer Cecil Miller said.

The lawyer said Muchanga bought the land between 1978 and 1983 from Barclays Bank International, now Barclays Bank of Kenya, the executors of the will of the original owner, Arnold Bradley. 

Konzolo’s earlier bid to lock out evidence on the disputed parcel  failed and his plea to seek the Court of Appeal’s guidance on the admissibility of the evidence was rejected.

The 134-acre land is at the centre of a dispute between  Konzolo, Muchanga Investments Ltd and  Carmelina Mburu, the deceased widow of former Nairobi provincial commissioner John Mburu.

 Konzolo had sought to have the evidence by the Ethics and Anti-Corruption Commission on his acquisition of the land rejected, saying it was gathered when all the commissioners had resigned.

But Justice Ombaga admitted the evidence and turned down  Konzolo’s request to be allowed to seek guidance on the matter from the Court of Appeal.

 Konzolo is defending his acquisition of the land through his company, Telesource Com Ltd, from one John Mugo Kamau, for Sh96 million.

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