BY SAM ALFAN.
A land tussle that has sucked in Nairobi Senator Mike Sonko, a city developer and now in the mix is Lands boss Prof Muhammad Swazuri.
Nairobi Businessman Shital Bhandari has denied he owns a controversial parcel that is said to belong to Nairobi Water Reservoir.
The land is in Loresho Estate, Nairobi.He accuses lands boss Swazuri of maligning his reputation.
Mr Bhandari says he owns a different parcel of land LR. NO. NAIROBI/BLOCK/ 90/595 contrary to another L.R NO. NAIROBI/BLOCK 90/599 that Nairobi Senator Mike Sonko claimed the businessman has grabbed and started developing it for his personal gain.
In his affidavit, Mr Shital Bhandari says the affidavit sworn by the National land commission Professor Mohamed Swazuri is full of falsehood that are circulated to mislead, undermine and confuse the court on the matter.
He claims Mr Swazuri confirms National land commission was aware of the existence of the orders issued on 5/11/2015 yet it participated in the raid and eviction on his property on the 21of December.
“The land belonging to the Nairobi company is different from the parcel of land no 90/595 and there is an attempt to distort facts by alleging that the Nairobi water company is part of the land and the land and my plot A,B and C before amalgamation” Said Shital.
He claims Swazuri is misleading the court by stating that ‘I was not or I was never in possession of my land’.
“The truth is that I have always been in possession of my my land and that why I had constructed a wall and store house which was demolished and looted when the commission had a politicians (Senator sonko) and host of other people raided my land on 21 December last year” says Shital in the affidavit.
On what seems to twist the ownership of the land, the businessman claims there is a distinct boundary between his alleged plots no LR. NO. NAIROBI/BLOCK/ 90/595 and L.R NO. NAIROBI/ BLOCK 90/599.
He says there was a wall dividing the both properties of land that was destroyed by the in an attempt to defeat the orders of the court.
However, Justice Onguto ruled that, he will hear the application citing Swazuri lead commission for contempt of court first to establish whether it disobeyed the said court order.
Shital Bhandari urged the court to cite National Land Commission chairman Muhammad Swazuri for contempt for denying him access to the land.
Nairobi Senator Mike Sonko and Nairobi County Government have been enjoined in a suit filed by businessman who claims the ownership the land on which the Nairobi Water Reservoir stands on Loresho Estate.
Justice Onguto allowed Sonko application seeking to be enjoined in the matter as an interested party saying he is being affected by ther orders sought by the businessman seeking the revocation of the notice issued by the National Land Commission.
Sonko in his affidavit filed in court said he received complaints from the residents of Loresho in his office that a private developer had hived of a plot title no L.R NO. NAIROBI/BLOCK 90/599 whose usage is meant for a water reservoir for Nairobi City County.
“The plot has all material times being in the possession and control of the Nairobi Water and Sewerage Company” said Sonko.
He says after the complaints he summoned the managing director of Nairobi Water and Sewerage who confirmed the plot holds a water reservoir that supplies Nairobi water to Nairobi residents of Loreshio and it surroundings.
Last year, Nairobi Senator Mike Sonko obtained orders stopping construction on the land.
President Uhuru Kenyatta also ordered the revocation of Bhandari’s title deed.
The matter will be mentioned on the 9 of March to confirm whether the parties have issued a joint statement regarding all the matter over the said land before court.
