This archive report was first published on 30 August 2019.
Francis Mburu, the Managing Director of Afrison Import and Export Limited, is seeking Sh36 billion in compensation from the government for the alleged illegal acquisition of his land in Ruaraka. The businessman claims the current value of his land is Sh23 billion, with an additional Sh13 billion arising from loss of rental income and accrued interest.
According to a suit filed at the High Court, Mburu accuses the Nairobi City County and the National Land Commission of using him as a scapegoat and cover-up for illegalities and unconstitutional actions. He alleges that the County government and the National Land Commission have been publishing untrue and misleading information about him, affecting his integrity.
Mburu further accuses the Attorney General of failing to protect him in the alleged illegal acquisition of his property. He claims that the government has illegally taken over his property and unlawfully allocated it to rich private developers, who have erected high-rise commercial and residential buildings.
“NCC saw in my properties an opportunity to receive premiums, rents and rates not withstanding that it had not compulsorily acquired the same and paid compensation to me, NCC is actively disposing off and illegally offering the suit property to private developers which greatly prejudices me. The County has been assuming not only ownership but has also demanded rates and land rents over the property which they have been in occupation from inception,”
Mr. Mburu has since appealed against a previous decision by Justices Elijah Obaga, Benard Eboso, and Kossy Bor, who castigated the National Land Commission for sanctioning the payment of Sh1.5 billion to the businessman, saying it was irregular. In the fresh case, Mburu says the Ksh.1.5 billion should be reclaimed from the Ksh.36 billion he is now demanding, should he lose the appeal.
On May 2019, Lands Court judge John Mutungi ruled that Gospel Evangelistic Church (GEC) should remain on a 1.8 acres, part of the 96-acre parcel of land. The businessman lost the Sh21 million parcel of land in Ruaraka following a seven-year court battle.
