By Kamadi Amata
The Supreme Court has ruled that there is insufficient evidence to prove that the Department of Defence acquired valid title to a disputed 90-acre parcel of land in Embakasi.
Furthermore, Torino Enterprises, which also claimed ownership of the property, lacks a valid title. Therefore, as it stands, the title to the land remains with Nairobi County, the legal successor to the defunct Nairobi City Council.
The court records show that the land was originally granted to Kayole Estates Limited in 1964, later transferred to Nairobi City Council.
However, in 2011, Torino Enterprises Ltd claimed ownership after allegedly acquiring the land from Renton Company. The Attorney General disputed Torino’s claim, arguing that the Commissioner of Lands lacked authority to alienate the property, and the court concluded that the Nairobi City Council had valid title to the land, where the Kenya Army Mine Action Training Centre is located.
“As matters currently stand therefore, title to the suit property, remains vested in Nairobi County which is the legal successor to the defunct Nairobi City Council,” said the Apex Court.
According to the court records, on 21 February 1964, the land in Embakasi was alienated and granted to Kayole Estates Limited.
“We find that the defunct Nairobi City Council acquired valid title to the Suit Property from Kayole Estates Ltd through purchase,” they said.