The Environment and Land Court has awarded ownership of a disputed Thika town parcel to the Teleposta Pension Scheme, concluding a legal battle spanning over two decades.
Presided over by Judge JG Kemei, the proceedings deemed the previous allocation and issuance of the title deed to Vicky Khadaka Liyai as fraudulent, illegal, and null and void.
The contested land, initially allocated to the now-defunct Kenya Post and Telecommunications Corporation (KPTC), had been under the active possession of the corporation for over 70 years. KPTC had developed houses on the land for its staff in the 1950s, which have been occupied by its members since then. The court’s decision provides significant relief to the Teleposta Pension Scheme, the inheritor of the land following KPTC’s dissolution.
The fraudulent nature of the land allocation emerged when Liyai, holding a title deed obtained through a purchase from Cyrus Mr. Gichinga, claimed ownership. He alleged to have acquired the land in 1999 from Mr. Gichinga, who had reportedly received it from Alexander Imbayi, Liyai’s brother.
However, the court discovered inconsistencies and illegalities in the allocation process, including a letter authored by Liyai in 1996, when she was still an employee of the Department of Physical Planning in Thika, falsely stating that the land was vacant and available for alienation.
The Teleposta Pension Scheme, established in 1999 to manage pension benefits for former KPTC employees, has faced numerous legal battles to reclaim its real estate assets lost due to fraudulent activities. The National Land Commission had ordered the disputed title’s cancellation in 2017, but the process had stalled until the recent court ruling.
The court’s decision to annul Liyai’s title deed and issue a new one in favor of the Teleposta Pension Scheme establishes a precedent in addressing fraudulent land acquisitions in Kenya.
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This ruling emphasizes the judiciary’s role in safeguarding legitimate property rights and rectifying historical injustices in land ownership, especially for institutional entities like pension schemes. It also underscores the complexities and legal intricacies involved in real estate ownership in Kenya, particularly for parcels with a long history and multiple claimants.
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