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The Ministry of Lands long confirmed that the contested land at the centre of the ownership dispute between investors and the East Africa Portland Cement Company belongs to the cement firm.

The over 4,500 acres of land have been encroached on and sold to unsuspecting buyers over the years prompting last Friday’s demolition of structures.

In a letter written to the management of Portland Cement on January 16, 2015, by then Lands Cabinet Secretary Prof. Jacob Kaimenyi, the ministry ruled that the land belongs to the cement manufacturer.

“Refer to your letter dated October 23, 2014, in which you are seeking confirmation of the aforesaid parcel of land, we have perused through the letter and noted that you had earlier conducted an official search,” reads the letter.

“We have further perused through the records held in our land Registry and find that the EAPCC is the true and rightful registered owner of the said parcel of land which records, are in conformity with the said search,”

Former Machakos Governor Alfred Mutua had also raised concerns over the illegal land sale eight years ago.

On Friday, bulldozers descended on dozens of homes at ‘Aimi ma Lukenya’ settlement scheme in Mavoko Constituency and demolished them in the full glare of owners. A court order issued indicated that the said disputed piece of land belongs to the EAPCC, rocking out the hundreds of buyers who had occupied the land and erected structures.

Potential investors

Parliament has also been roped in the matter in the investigation of some 900 acres which EAPCC sold to Kenya Railways Corporation.

The land, which KRC bought at Sh4.95 billion, has since been encroached on by squatters who have erected 250 permanent buildings including high-rise flats and 600 semi-permanent structures.

Following the land tussle the cement manufacturer has had deals with Chinese and Qatari investors flop. The Trade Committee of the National Assembly is inquiring how the land changed hands from the original owner to EAPCC, Kenya Railways and a group of individuals who have laid claim to it.

“We want to get to the bottom of this matter and help EAPCC to dispose of some of its assets so that they can raise funds to meet its operations,” said committee chairperson James Gakuya.

EAPCC Managing Director Oliver Kirubai told the committee that EAPCC is the true owner of LR 10424 measuring approximately 4,258 acres and has sold 900 acres to Kenya Railways which has already paid Sh4.95 billion.

He however lamented that most of the land had been encroached making it difficult to engage foreign investors who had pledged to come on board.

Early this year the State lost the fight to seize 4,272 acres from EAPCC for free, derailing plans to build affordable homes in a multibillion-shilling property deal financed by Chinese and Qataris.

The High Court stopped the takeover of the land valued at about Sh6.4 billion because the government failed to follow rules that guide compulsory acquisition, including consulting stakeholders National Social Security Fund (NSSF), French firm Lafarge and the Nairobi bourse-listed cement manufacturer.

Kirubai told MPs that the court stopped the State takeover, adding that the cement maker plans to develop a Green Smart City as it seeks to diversify its earnings via real estate.

A green city is an urban enclave that incorporates eco-friendly practices, green spaces and supporting technology to reduce air pollution and CO2 emissions, enhance air quality, and protect natural resources.

The suit followed opposition from the Central Organisation of Trade Unions (Cotu), which argued the NSSF and EAPCC were not consulted and have no intention to cede the land for free.

The NSSF has a 27 percent stake in EAPCC, with the government ownership standing at 22.3 percent and Lafarge a 41.7 percent stake.