In a landmark ruling, the Supreme Court of Kenya ruled that the Department of Defence did not legally acquire land belonging to Nairobi County, a land they have been occupying for the last 37 years.
The Department of Defence suffered a setback after the Supreme Court found that they did not legitimately buy 83 acres of land belonging to Nairobi County.
The court concluded that, while DOD established that it had been in exclusive occupancy of the land in Embakasi, Nairobi County, from 1986 to date, it also failed to prove that it had secured a legitimate title deed to the land.
“In view of the foregoing, the appellant was not an innocent purchaser for value without notice, entitled to orders for restoration or compensation,” said the Supreme Court Judges.
Further, the court ordered that the land remains vested in Nairobi County which is the legal successor to the defunct Nairobi City Council.
According to the Supreme Court, “By the same token, there being no evidence on record to the contrary, we find that the defunct Nairobi City Council acquired valid title to the Suit Property from Kayole Estates Ltd through purchase,”
The apex court said that the Commissioner of Lands lacked the authority to allocate the disputed land to Renton Company Ltd.
