Kenya Railways Corporation (KR) has won back a parcel of land in Eldoret town that was illegally allocated to individuals in 1996.
Justice S. M. Kibunja of the Environment and Land Court ruled that the evidence presented before him left no doubt that the piece was surveyed from Eldoret Railway Station.
The judge said any transactions on the land that took place without Kenya Railways having surrendered the land back to the government or consenting to the allocation, are illegal.
The court heard the land was sold to Kuinet Hardware Ltd, who later transferred it to Lalji Vishram and Godfreed Lalji Hian, who are proprietors of Ndalat View Service Station.
“The land was unavailable for allocation and the said transactions over the suit land was done without the plaintiff’s (KR) consent and or consultations and was therefore illegal, fraudulent, null and void,” the judge said.
The judge further said that a certificate of title of the land that Oriental Commercial Bank is holding as security for the financial facilities it granted to Ndalat View Service Station ‘is not worth anything more than the value of that paper’.
The court was informed that the land belonged to Kenya Railways and the corporation has never surrendered it to the government for reallocation.
According to the corporation, if it wanted to sell the land, approval from the government and its board must first be obtained.
