Kenya Railway Corporation Officers outside the Kencont Container Freight Station (CFS) Premises in Mombasa, which was raided by KRC and Police Officers. The company linked to Kanu Chairman Gideon Moi (inset).
Two activists have sued Kenya Railways Managing Director Philip Mainga over an alleged forceful incursion into parcels of land where Kencont Logistics Services Ltd, a company linked to Kanu chairman Gideon Moi, conducts its business in Mombasa.
Ms Zipporah Juma and Mr Salim Mvuria, members of Bunge la Mwananchi (Mombasa Branch), claim that Mr Mainga, acting through agents and police proxies under his command, coordinated the incursion on the evening of May 16.
The activists allege that the following day, Mr Mainga’s agents returned with a bulldozer and a contingent of police officers, with the intention of demolishing a perimeter wall and forcibly evicting Kencont Logistics Services Ltd.
In their petition filed at the High Court in Mombasa on June 9, Ms Juma and Mr Mvuria argue that Mr Mainga’s actions are reprehensible, especially since Kenya Railways Corporation, under his stewardship, has no legal or equitable interest in the parcels of land.
“Having divested itself of the title in the 1990s and ceased to exercise control, management, or reversionary interests, any attempt to reclaim these properties by force or through intimidation constitutes trespass,” the petition states.
The petitioners are seeking a declaration that Mr Mainga is unfit to hold any public office under Chapter Six of the Constitution.
They are also asking the court to order the Ethics and Anti-Corruption Commission (EACC), which has been named as an interested party, to investigate Mr Mainga’s conduct, including alleged misuse of police, procurement practices, and land dealings.
Ms Juma and Mr Mvuria contend that by marking Kencont Logistics Services Ltd’s perimeter wall with graffiti suggesting impending demolition, Mr Mainga portrayed the company as an illegal occupant of public land.
“This false narrative has exposed Kencont Logistics Services Ltd to ridicule, public suspicion and unjust commercial disadvantage,” the petitioners argue, further stating that the reputational damage arising from the actions cannot be overstated.
They claim that the attempted demolition, forceful eviction and occupation of the premises by force constitute unlawful interference with private property.
Legal standing
According to the petitioners, Kencont Logistics Services Ltd has never received any formal complaint, demand or court notice from the corporation regarding its occupation of the land.
They allege that the motive behind Mr Mainga’s actions appears to be a deliberate attempt to reappropriate land whose value has risen due to its location and commercial utility.
“The properties currently leased to Kencont Logistics Services Ltd are lawfully occupied pursuant to valid, current leases entered into with the registered title holders,” the petition states.
The petitioners further argue that the respondent violated the right to property by attempting to dispossess legal occupants of land over which he had no claim.
The EACC, Director of Public Prosecutions (ODPP), the Assets Recovery Agency (ARA), Kencont Logistics Services Ltd and the Inspector General of Police have been named as interested parties in the case.
The petitioners are also seeking an order directing the ODPP to prosecute Mr Mainga for abuse of office, economic sabotage and trespass.
Additionally, they want the court to compel the publication of all land sales, leases, and transactions conducted by Kenya Railways Corporation from 1990 to date.
They also seek a permanent order restraining the National Police Service from deploying officers to enforce any purported rights by the respondent or the corporation over the parcels of land without judicial authority.
The case will be mentioned on June 18.
