This archive report was first published on 17 October 2019.
October 17, 2019, marked the end of a six-year battle for a Sh6 billion prime land in Nairobi's Jamhuri Estate, along Ngong Road, for Mombasa Governor Hassan Joho's family.
The arbitrator ruled that the land, originally owned by the defunct Kenya Posts and Telecommunication Corporation (KPTC), now Telkom Kenya, belongs to Exclusive Estates Limited (EEL), a company reportedly owned by businessman Francis Mburu.
According to the arbitrator's ruling, Mburu's company had entered into an agreement with the State agency to develop the property about 30 years ago, giving him a legitimate claim to the land.
On January 19, 1993, KPTC excised part of its land and transferred it to Postel Housing Cooperative Society Ltd for the construction of houses for its workers.
Subsequently, Postel Housing Cooperative Society Ltd entered into an agreement with Mburu's EEL on January 28, 1993, to build houses on the parcel.
As stated by the arbitrator, 'It's declared that the Deed of Assignment dated 15th January 2009 between Postel Housing and Exclusive Homes and the decree issued in this regards on 22nd January 2009 are valid and binding on this tribunal.'
The arbitrator declared the sale agreement between Joho's company and Telkom dated July 5, 2011, as null and void.
Aftraco Limited, a company linked to Joho's family, had acquired the land from Telkom in 2011 for Sh1.52 billion and paid a deposit of Sh152 million after entering into an agreement.
