The Supreme Court has said there is no evidence to prove that the Department of Defence ever acquired valid title to a disputed 90-acre parcel of land in Embakasi.
According to the judges, Torino Enterprises cannot legitimately claim the property and also does not possess a valid title to it. The highest court has now determined that Nairobi County, as the legal successor to the disbanded Nairobi City Council, is the rightful owner of the property.
Court records show that on February 21, 1964, Kayole Estates Limited was granted ownership of the land in Embakasi which was later transferred to Nairobi City Council. However, a dispute arose in 2011 when Torino Enterprises Ltd claimed to have purchased the land from Renton Company for a 99-year term in 2000, paying Sh 12 million. Torino asserted its rights as the registered proprietor having been issued a certificate of Title on April 26, 2001.
The Attorney General has objected to the claim that Torino received a legitimate title from Renton Company Limited. According to the Attorney General, the document of allotment, upon which Torino’s title is based, does not indicate on behalf of whom the Commissioner of Lands granted the allotment. Moreover, the AG contends that Torino took hold of the land after the thirty-day conditional acceptance duration expired. Finally, the AG states that the land wasn’t unalienated state land, and therefore, the Commissioner of Lands lacked the power to engage in any transaction concerning its allocation.
According to the verdict of the Supreme Court Judges, Renton cannot rightfully claim ownership of the land from the Commissioner of Lands as their authority to partake in allotment had been revoked. The property in question houses the Kenya Army Mine Action Training Centre.
