Its a land battle between South Coast residents and Keneth Matiba as an affidavit filed by Suleiman Omar Chala, argues that land where Alliance hotels owned by the late veteran is not only their ancestral land but also registered in their names.
“We were born and bred here. Our burial sites are located on this land,” Mr Chala stated.
Alliance Hotels Ltd and Alliance Nominees Ltd have gone to court challenging a decision by the National Land Commission (NLC) to revoke titles to three parcels of land.
Mr Chala said NLC made a decision that the titles to the land reflecting Alliance Hotels Ltd be revoked because of fraud, and the land be reverted to residents.
However According to Alliance Hotels Ltd and Alliance Nominees Ltd, by way of communication from NLC, they were advised that pursuant to a hearing held on December 14 2016, the lands agency made a determination that they had acquired the properties illegally.
Mr Chala in addition claimed the land was adjudicated in 1974 and when the titles were issued, they learnt that they had been registered in the names of former Cabinet Minister Robert Matano and a former police officer Judah Mwoka.
He revealed that,“After the commission heard the parties, it undertook investigations and reviewed the documents at the land records and prepared a report,” .They submitted their complaints to NLC and asked it to review the legality of the grants to the land.
“The petitioners are surprised by this turn of events especially noting that they were never served with notices or in any way involved in the hearings conducted by the NLC despite the proceedings touching on properties registered to them,” part of the suit document states.
Currently, there are temporary orders stopping any physical activities on the land.
Justice Anne Omollo has directed parties to abide by the orders and file their documents in support of their case within the next 30 days.
The petitioners also argue that the situation has been worsened by NLC’s refusal to verify whether it indeed issued the orders for revocation of the titles.
The two companies are seeking among other orders a declaration that all titles issued to the residents are invalid and stand revoked by court.
Southern Coast residents have also sued Registrar of Lands, Kwale, and eight residents: Mohamed Suleiman Shee, Bakari Omar Chala, Suleiman Omar Chala, Ayub Omar Chala, Hamisi Ayub Mwanjiti, Abdalla Mbaruk Mwaropia, Rehema Suleiman Hassan and Mwanaisha Ali Kheri.