By Sam Alfan.
Mandera County governor Mohamed Ahmed Khalif has been to court for allegedly grabbing a public school and constructing flats.
Ahmed and Asili Hills Apartment were taken to court by North High-Ridge School for allegedly trespassing into the school property and constructing houses.
The school, which hosts Primary and Junior school wants the Environment and Land Court to issue a permanent injunction restraining Governor Khalif, his agents, from proceeding with the construction.
The school sought court orders to block the Mandera county boss from taking part or a section of the land numbered 209/21526 (originally 209/12673).
Through lawyer Alfred Ndambiri, the school wants the court to issue an order directing Governor Khalif jointly or severally with Nairobi County Government, Environment and Urban Planning Sector, Stephen Gathuita Mwangi, National Construction Authority and National Environment Management Authority to restore the parcel of land to its original condition as at June 2024 within 60 days of the judgment.
The school further pleads with the court to order Land Registrar to revoke any title or lease granted to the governor.
The school further seeks the court to declare that the excision and sub-division of its parcel of land is illegal, irregular, null and void.
“A declaration that Mandera Governor Mohamed Khalif and Asili Homes Apartment’ entry into, and continued presence on part/parcel/portion/section numbered 209/21526 (originally 209/12673) of North Highridge Primary and Junior School land constitutes wrongful trespass on the school land,” seeks the school.
Ndabiri argued that Ahmed violated, infringed upon or threatened the rights and fundamental freedoms to education, to life and to a clean and healthy environment of students and teachers of the said North Highridge Primary and Junior School, and the general public.
The school was started in 1972 to provide education and learning opportunities to all children and especially for the children of police officers and soldiers who were, and are still accommodated in the Police Lines next to the said school.
The land initially measured 3.298 hectares and identified as number 28826/294.
The school was granted to the Nairobi County Government by the National Government on a 99-year Lease from 1st September 1970.
All was well until 1995, when some people started encroaching and grabbing the school land.
The grabbers first erected posts and fences on parts of the school property, constructing site offices, in an attempt to build permanent residential structures. The trespassers even occupied the school principals’ residential house.
The said attempts have continued over time despite several protests and objections by the school through its various administrators, and also by the general public.
Further on or about June 2020, the school’s administration and Board of Management learnt that the Nairobi County Government, Environment and Urban Planning and Stephen Mwangi had excised several portions.
One of the portions was thereafter surveyed and allotted to Shaka Trading Company Limited.
Court heard on or about the July 2019, Shaka Trading Company Limited instituted a suit against the National Land Commission, the Chief Registrar and Nairobi City County claiming ownership of the portion.
The company later withdrew the suit after the title they were using as evidence of ownership was revoked and the land allocated to CS Treasury to hold in trust for the School.
In a letter dated 28th October 2020, Mwangi requested Nairobi Land Registrar to re-issue a grant in favour of Nairobi County Government for the portions for Educational Purposes.
A grant in favour of Richard Maore Maoka for another excised portion was issued for private use.
