KAA loses land case against NLC

Kenya Airports Authority Managing Director Jonny Andersen. The KAA is involved in a land dispute with East African Gas Company Ltd. PHOTO | FILE | NATION MEDIA GROUP 

By PHILIP MUYANGA
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The Kenya Airports Authority suffered a setback on Wednesday after a court dismissed its application to quash a decision by the National Land Commission (NLC) upholding titles for parcels of land in Mombasa, which it claims were hived off Moi International Airport land.

Justice Anne Omollo said the application failed to prove that the NLC acted beyond its legal powers (ultra vires) or failed to comply with provisions of the Constitution in serving appropriate notices to accord all necessary parties an opportunity to be heard.

The judge said there was no mention of an existing dispute over ownership between KAA and the East African Gas Company Ltd (EAGCL).

“The applicant (KAA) did not satisfy this court that the respondent (NLC) exercised jurisdiction to determine such a dispute when it lacked jurisdiction to do so,” Justice Omollo said.

LAND OWNERSHIP

She further noted that illegalities done by a former KAA managing director were also not dealt with in the proceedings before NLC.

The judge further noted that the analysis of documents presented in court shows that none of the individuals' titles were in the name of KAA.

According to the court, it cannot review a decision by the NLC where no such application has been presented to it (NLC) and it failed to act.

“The dispute put forth by the applicant (KAA) on who owns the suit parcels cannot be determined by way of judicial review,” Ms Omollo said.

She added that the application by KAA lacked merit and dismissed it. In its application, KAA claimed that NLC had purported to exercise jurisdiction to hear and determine a dispute over land ownership between itself and EAGCL.

PUBLIC LAND

The authority also wanted an order issued restraining NLC or its agents from interfering with its ownership, possession and occupation of the land.

“The action by the respondent to purport to uphold EAGCL titles when there is an active criminal proceeding of the acquisition amounts to abuse of office,” the application by KAA stated in part.

The Director of Public Prosecutions argued that it was dissatisfied with NLC's decision on the parcels of land in view of the fact that it is prejudicial to a pending anti-corruption case.

The Ethics and Anti-Corruption Commission (EACC) supported the application by KAA saying the disputed parcels of land are public properties belonging to KAA and designated for public air transport.