In Kenya if you receive money which some government officials think is huge amount, then expect a knock on your door.
Attorney-General Paul Kihara is contesting a Sh9.8 billion award given to five residents of Kwale as compensation for the cancellation of their title in relation to a 328.5-acre prime parcel of land in South Coast.
The AG is also contesting the award of Sh60 million to Rahimkhan Afzalkhan, Shamshad Afzalkhan, Daniel Mwangi, Pauline Mwongela and Sayed Hussain as damages for loss of use of the land, physical, mental and psychological torture.
According to the residents, they bought the land from Reaby Elanor Vere Wailles for Sh140,000 pursuant to a transfer of lease dated April 7, 1978.
Through principal litigation counsel Nguyo Wachira, the AG told the Court of Appeal in Mombasa that ownership of the land was not ascertained hence the Sh9.8 billion awarded calculated at Sh30 million per acre ought to be set aside.
Mr Wachira further told judges Alnashir Visram, Agnes Murgor and Gatembu Kairu that the money awarded for damages for the loss of use of the property was colossal and unjust.
“The amount of Sh60 million is unjustifiable, the basis for assessment is different, they (respondents) never owned the piece of land,” he said, adding that the amount is exaggerated and beyond normal averages allowed by the law.
Mr Wachira said damages to land ownership must be detailed and its period also explained the failure to which the claim falls.
He argued that the High Court failed to consider that the property was subject to land law on controlled transactions.
He argued that the judgment of the High Court ought to be set aside since the Land Control Consent — for the transfer of the land — was never obtained.
The AG also argued that the parcel of land, which is currently developed with commercial, hotel institutions, churches and other residential developments, did not constitute the property of the late Afzalkhan Rahimkhan.
“We submit that failure by the deceased to include the land in his will was an admission that he did not own it,” said Mr Wachira.
The three-judge appellate bench will deliver its judgment on July 18.