CONSUMER FEDERATION OF KENYA DEFENDS NLC CHAIRMAN AND BUSINESSMAN FRANCIS MBURU ON COMPENSATION AND OWNERSHIP OF RUARAKA LAND.

The nine point statement by (Cofec) clearly defends the chairman of the National Land Commission in excising his constitutional mandate something that seems to have been put into question by a number of people including some journalists from the mainstream media

NLC Chairman Prof. Muhammad A. Swazuri

The Consumer Federation of Kenya (Cofec) has released a detailed statement regarding the now controversial Ruaraka land compensation made by the National Land Commission to businessman Francis Mburu. The nine point statement by (Cofec) clearly defends the chairman of the National Land Commission in excising his constitutional mandate something that seems to have been put into question by a number of people including some journalists from the mainstream media. The Weekly Vision has picked just three of the nine points by (Cofec). Please read on.

 Who is the owner of the 96 acres of the land around the RLS?

So far, it is only one Mr Francis Mburu (a director to Afrison Export Import & Huelands Ltd) who has laid claim to the land under L.R No. 7979/4. In his August 17, 2016 letter to the National Land Commission (NLC), Mr Mburu terms as “historical injustice” of the “partial occupation of private property” of the land he says he acquired on December 30, 1981. He has a freehold title to support his claim. He states that over time, strangers “invaded” and settled on his property “without his consent”. He adds that schools, government administrative offices, roads and other support services have been constructed on his property neither with his consent nor surrender deed. He requested the NLC to compensate him on Ruaraka Secondary School (13.5 acres) and the Chief’s Camp (4.0 acres).

On the other hand, Governor Mike Mbuvi Sonko has belatedly stated that the said land is public land and that it belongs to the City County of Nairobi. He has neither tabled a title deed nor offered evidence of having appealed some of the Court rulings (which favoured the position of private land). In his ruling in the HCCC No. 617 of 2012 on February 12, 2012 Mabeya, J awarded Mr Mburu’s companies a compensation of Sh4,086,683,330.00 for the 19.7 acres taken up by government in addition to costs of the suit. 

Businessman Francis Mburu

 Who has Constitutional Mandate on Declaration of Land Ownership?

Neither Governor, Principal Secretary nor a Cabinet Secretary has legal power on deciding the ownership of public, private and or community land. That mandate is only vested in and exercised by the National Land Commission (NLC) as established under Article 248(2)(b) of the Constitution. The sanctity of any title issued and or as endorsed by the NLC can only be challenged in a Land and Environment Court and or any superior Court.

Whether NLC is genuine on the RLS or not can only be authenticated or be set aside by seeking a fresh interpretation. Any other argument would be fallacious. It is, therefore, true that only NLC can be believed for now – unless decided otherwise by a competent Court of law. If indeed the RLS is public land, then Government must have long boxed itself into the corner by not revoking the "wrong" titles.

Who is the Real Complainant(s) on the RLS?

Another key and unanswered question is who really is the complainant? This question is particularly important on account of the NLC, Ministry of Lands and the Attorney General agreeing that the 96 acres belongs to Mr Mburu’s companies. Their position is supported by various Court rulings.

Can the Nairobi Governor Mr  Mike Sonko and or the Nairobi City County be the legitimate complainant(s)? Yes, but only if it were supported by either appeal of the Mabeya, J ruling when the current Governor was Senator and or a City County Assembly resolution on the said land – none of which it exists. As it stands, therefore, it is save to say that no institutional complainant and or State Office exists. Many allotment letters were issued to private developers during the reign of Mr Geoffrey Majiwa as the Mayor of Nairobi. If Mr Sonko was genuine, the City County of Nairobi could long be having the title to the land. After all, it is unclear whether City County of Nairobi holds an single title to any of its’ grabbed parcels of land.

As for the general publlic, none complained on the NLC Kenya Gazette Notice of June 30, 2017 in which 21 days moratorium was given for representations against compensating Mr Mburu’s companies for Drive Inn Primary, (2.8255 Ha); Ruaraka High School (2.7472 Ha) and Access Road to Upgraded Outering Road (1.198 Ha). In this perspective, NLC conducted public participation.

The RLS is about the ideal and reality. Ideally, the RLS should be public land on the fact that it should have legally been acquired before (by either purchase or negotiated surrender when it was still cheaper). The reality is that it remains private land on the basis of over 30 years inaction by Government and specifically the predecessor of Nairobi City County.