Advocate ordered to surrender land parcels to church
A lawyer has been blocked from interfering with three parcels of land in Eldoret, allocated to the Seventh Day Adventist (SDA) Church more than three decades ago.
Mr Allan George Njogu Kamau had told a court that he bought the plots from Ms Zipporah Seroney, the widow of former Tinderet MP Jean Marie Seroney.
However, Justice Jane Muyoti Onyango ruled that the properties were alienated and allocated to the church and set aside by the defunct Eldoret Municipal Council for religious purposes in 1987.
The judge pointed out that subsequent allocation to Seroney’s daughters Rose Jemutai and Christine in 1995 was irregular and unlawful.
Justice Onyango said the sale of the properties to a company associated with the advocate in 1995 was tainted with illegality as Mrs Seroney did not pass a good title to the buyer.
Her letters of allotment, noted the judge, were tainted with illegality. According to the judge, by the time the advocate obtained a certificate of lease, the property had already been allocated to the church.
“It would appear the advocate did not bother to find out how the church came into possession of the properties,” the court said. “Instead, he chose to believe Mrs Seroney who was brandishing allotment letters that had been issued to her daughters irregularly and he ended up being duped into buying land that had already been set aside for religious purposes.”
A map produced in court showed that religious organisations allocated plots in the same area include the Salvation Army and Anglican Church. She said the allocation and issuing of a title to the advocate was irregular as the plots were no longer available for allocation.
“It is my finding that the allocation of the plots, Eldoret Municipality Block11/14, 15 and 16 to the advocate’s firm was irregular and unlawful,” the judge said.
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